Does a debtor have to show up in courtif thecreditor’s lawyer will be asking for dismissal of the case?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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