Urgent! Can a creditor refuse payment in full prior to court?

[ManchesterMommy]

what I would do:

take cashier's check (and bring some extra cash just in case the amount suddenly is more than they are currently stating), hand it to the lawyer. DO NOT LEAVE THE COURTHOUSE and do not sign anything unless it is an acknowledgment of a release of all claims. Go into the courtroom prepared to stand before the court. If the case is called, take your position as directed.

If the attorney for the creditor does anything other than ask for a dismissal of the case, when asked for your response to whatever the plaintiff states, be prepared to say:

I handed the attorney the total amount they claimed was owed immediately prior to entering the courtroom per their instructions given me [whenever you talked to them and they said to pay in this manner]. I paid in a cashier's check in the amount of [$XXXX] drawn on [bank] with check number {whatever] and (if applicable) cash in the amount of [$XXXX in bills comprised of [list of quantity and denomination] totaling [$xxxxx] which is the amount [attorney's name] stated is the absolute total I would owe for the underlying debt and any legal fees, interest, and any other sources of debt due to this suit. As I have paid the creditor's demand in full prior to appearing before the court, I ask the case be dismissed .

The judge will make a ruling at that point and unless there is some big surprise, it should be a dismissal of the suit.

Hopefully after that the judge will admonish the lawyer for even walking into the courtroom and attempting to present a case.


I would stick around even if it appears the lawyer leaves after paying them. Go into the courtroom and if your case is called, present before the court. If the lawyer does not come forward, ask for a dismissal of the case based on the absence of the plaintiff's attorney as well as the fact that you paid the debt in full prior to entering the courtroom.


While it all seems excessive, I have read of some really crappy tricks pulled by lawyers in situations like this.

Ok, thanks for the advice. I just got back from the bank, and am now armed with a cashiers check for the full amount owed and hopefully enough cash on hand to pay any extra fees they tack on. I pray this works ! I will keep you posted... Thank you again for all your help

 

[ManchesterMommy]

I just want to say a huge THANK YOU to all of those in the community that helped/gave me advice!!! I know all of you give your personal time to help us less knowledgeable ones and it is greatly appreciated!!
So my news is that I paid the debt in full with fees included and the case was dismissed with prejudice

I want to especially give a huge thanks to justalayman, I don't know what I would have done without your help!

 

[justalayman]

I just want to say a huge THANK YOU to all of those in the community that helped/gave me advice!!! I know all of you give your personal time to help us less knowledgeable ones and it is greatly appreciated!!
So my news is that I paid the debt in full with fees included and the case was dismissed with prejudice

I want to especially give a huge thanks to justalayman, I don't know what I would have done without your help!

Thanks. You made my day and right now, that means a lot.


glad it all worked out well for you.