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  1. #1
    Join Date
    Aug 2019
    Location
    Minnesota
    Posts
    15

    Default Found Out My Case Dismissed Before Court Appearance

    My question involves court procedures for the state of: Minnesota
    I was served a summons for small claims court (conciliation court) a few months back. A creditor is suing me for payment. This debt and all of my debts were placed in a debt resolution program about 3 years ago. This company accepted the settlement offered by debt res. company but want their money FAST and will not accept the re-payment schedule the debt res. company offered.
    Through the legal firm the debt res. company uses, I found out yesterday that this creditor plans to dismiss my case in court tomorrow. Do I need to appear in court then?
    All the lawyer stated in his email to me yesterday afternoon was that I will receive a notice from the court advising me of this dismissal. He is not responding to my follow-up emails.
    (I might add that I tried to secure a loan to pay this debt off to no avail. Wrote a letter to the creditor a few weeks ago and sent it to them via lawyer. Apparently the creditor realized the futility in pursuing monies from me through a garnishment, and I assume, will cooperate with the schedule the debt res. company offered.)

  2. #2
    Join Date
    Jul 2010
    Posts
    7,776

    Default Re: Found Out My Case Dismissed Before Court Appearance

    It would behoove you to be in court tomorrow just in case things don't go the way the lawyers think.

  3. #3
    Join Date
    Aug 2019
    Location
    Minnesota
    Posts
    15

    Default Re: Found Out My Case Dismissed Before Court Appearance

    Just got an email from lawyer and he said not necessary to appear in court.
    By virtue of the fact he has a written communication from the Creditor stating they will dismiss apparently is enough.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,960

    Default Re: Found Out My Case Dismissed Before Court Appearance

    Quote Quoting mrtenebrae
    View Post
    This company accepted the settlement offered by debt res. company but want their money FAST and will not accept the re-payment schedule the debt res. company offered.
    I'm confused. If the collector "will not accept the re-payment schedule the debt res. company offered," that does it mean that the "company accepted the settlement offered by [the] debt res. company"?


    Quote Quoting mrtenebrae
    View Post
    Through the legal firm the debt res. company uses, I found out yesterday that this creditor plans to dismiss my case in court tomorrow. Do I need to appear in court then?
    What is the purpose of the appearance tomorrow? What if you don't show up and the creditor changes its mind about dismissing?

  5. #5
    Join Date
    Mar 2013
    Posts
    17,474

    Default Re: Found Out My Case Dismissed Before Court Appearance

    Quote Quoting mrtenebrae
    View Post
    Just got an email from lawyer and he said not necessary to appear in court.
    By virtue of the fact he has a written communication from the Creditor stating they will dismiss apparently is enough.
    No, it's not. They could be lying to you so that they get a default judgment when you don't show up.

    This is your enemy. Never believe what your enemy tells you.

    Get your butt down to the courthouse and make sure.

  6. #6
    Join Date
    Aug 2019
    Location
    Minnesota
    Posts
    15

    Default Re: Found Out My Case Dismissed Before Court Appearance

    I will give you an update on situation.
    This was a "hearing" in small claims court yesterday - the creditor vs me. MY lawyer (the man who represents me via the debt resolution company), not the lawyer of the creditor, told me the day before the hearing that the creditor dismissed the lawsuit.
    I did not appear, as he said it was not necessary. He said I was more than welcome to attend.
    The creditor did indeed dismiss the lawsuit, with prejudice. That means they can not file another lawsuit to collect on this particular debt. I've no idea where it will go from here - will creditor accept terms of the debt res co or just forgive me the debt, or even if they can even deal with debt res co now that they dismissed the case.
    I won't give the name of the creditor except that this retailer has stores everywhere, and their card has a high interest rate. Three years ago, when I encountered economic difficulties due to health matters, I believed the right and honorable action to take was debt resolution, rather than bankruptcy, as I had the benefit of the goods and services my various credit cards provided me and I am still able to work. Thanks for all of you who responded.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Found Out My Case Dismissed Before Court Appearance

    If the suit was dismissed with prejudice, they can’t (legitimately) file a new suit for the same debt. That means the only means to attempt to collect the debt is to hound you. If you can deal with that, it will eventually drop from your credit report and you’ll be done with it.

    Dismissing the suit with prejudice doesn’t mean they have to accept debt res company’s offer nor do they have to forgive the debt. It just means there cannot sue you for it.

    I suggest you speak with your Attorney to ensure the dismissal wasn’t part of a negotiated resolution though. A new contract made regarding the debt can be enforceable.


    the one odd thing you wrote though is that your attorney said you could attend whatever hearing there was. If the case was dismissed prior to the hearing the hearing would have been cancelled. Nobody would attend.

    you need to speak with your attorney to find out if there was a negotiated settlement.

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