question of court date and settling

[kbl7td]

I settled with cap one who was suing me by paying them about 70% of the total debt. My first court date was on a Friday at 10:30 and I paid on a Wednesday, they said the payment would post late on Friday, so they would just continue the court date, which by that time it would be paid and posted. 

Question being is, the court date is April 26. This is already paid. Is there anything I can do or cap ones attorneys can do, to just say to the court it is paid and dismiss the case? I really don't want to wait a month just to show up to court, for them to say its paid. Then wait probably another month for my credit to update. 

[guiness56]

Yes, they could.  But, I would show up anyway and get your say to tell the judge it has been settled.  I have seen too many times where they paid before the date and didn't go to court and a default judgment was issued.

[RobertEG]

If an agreement of any sort is reached between the parites prior to trial that removes the necessity for trial, the plaintiff can, and should, promptly notify the court that their suit is being dismissed.

If any such pre-trial agreeent has not been finalized, but continues in negotiation, show up in court and request a continuance based on the likelihood of reaching an agreement that will avoid a trial.  The plaintiff will, of course, be there, and if they concur, the court will almost assuredly grant a continuance, and thus avoid the need for a trial.

If you dont have actual showing that the case is removed from the docket on day of trial, then be sure to show.  Otherwise, the plaintiff may not inform the court of your negotiations, and move for summary judgment.