Does a debtor have to show up in courtif thecreditor’s lawyer will be asking for dismissal of the case?

UPDATED: May 26, 2011

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Does a debtor have to show up in courtif thecreditor’s lawyer will be asking for dismissal of the case?

I had a continuance from last month on a debt collection from a credit card issuer. The debt has been settled and the law firm told me that they would be asking the judge for a dismissal tomorrow. Do I need to personally show up in court even when the case would be dismissed?

Asked on May 26, 2011 under Bankruptcy Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

IF the case is dismissed--no.

On the other hand, you only have the word of the people who were suing you--i.e. the people who want to win and get money from you--that they will seek a dismissal. Suppose they go to the court date and do not ask for dismissal? Instead, suppose they simply say they are present and you are not. A default judgment would be entered against you, and while you may have grounds to vacate it (the debt being settled; the representations made by the law firm), it's always an uphill fight to vacate a judgment. If at all possible, you should go, to make sure that  what happens is what you think will happen. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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