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 10 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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