01-30-2013 02:25 PM
Just found out I have a judgement hearing set for feb 20th. I called midland a few days ago and set up two payments to settle my debt. But they said the court hearing will still go on and that midland would say I paid my debt back.
What should I do? I tired calling there attorney but she wont return my calls..
I paid $200 3 days ago and im suppose to pay $670 by feb 28th
01-30-2013 02:34 PM - edited 01-30-2013 02:35 PM
Show up in court with a copy of the agreement and proof of your initial payment, which validates it as a contract.
They most likely dont want to take the time to notify the court of withdrawal of their action prior to the hearing.
If they dont notify the judge that they are dismissing, simply tell the judge that an agreement has been reached.
The judge wont proceed on a matter that has been resolved by the parties.
01-31-2013 10:44 AM - edited 01-31-2013 10:46 AM
What I have observed in the last few months (sitting in the courtroom) -
* Midland has one or two different attorney's handling a large stack of cases. Some balances are as low as $16.
* If the other party does NOT show up, the attorney is quiet and the judge issues a judgment.
* If the other party DOES show up, the attorney will ask "Do you agree that you owe the debt?"
- answer yes or no -
- if it's yes - then the judgment is entered
- if it's no - the judge will ask you what you think you owe
-- at that time, you can state you have already paid off the debt and have copies of proof (one for the judge to see, one for the Midland attny to have)
- the judge will ask the attny what he wants to do - a continuance or a dismiss?
-- a continuance is another courtdate that you need to show up to, and gives the attny time to verify what you provided
-- a dismiss is the case is closed, no judgment issued
I have probably watched more than 100 cases for Midland be presented in court. Only with one case did the attny say it should be dismissed.
Send me a private message if you want more information.
** edited to correct a misspelled word