If I got served last week but have since set up a payment plan that was initiated, is it still necessary for me to show up to court?

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If I got served last week but have since set up a payment plan that was initiated, is it still necessary for me to show up to court?

I got served a week ago. I called the law firm to set up a payment plan to pay back the creditors. We came to an agreement on how much I was to pay per month. The payment plan was initiated as scheduled. I called the law firm which initiated the summons and to whom i set up the payment plan with to ask them if I still needed to show up in court. Their response was that they couldn’t help me or answer my question.

Asked on December 25, 2011 under Bankruptcy Law, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you should show up for court. If you and the creditor (or its law firm) have come to an agreement on how much to pay and you are honoring it, they *should* dismiss the suit. However, sometimes they forget; or sometimes they may deliberately not do this even though it is improper, to try to get a judgment for the full amount which they can then enforce. To make sure you protect your interests, go to court and bring with you all documentation, correspondence, evidence of payments, etc. proving the existence of the payment plan and that you are honoring it.


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