Legal Question in Credit and Debt Law in California
i have been served with papers to appear in small claims court (calif). i owe a loan co $2450. is it possible to pay this debt before the court date, and if so, will i still have to appear in court? also, are there any court costs or anything that i will have to be liable for?
2 Answers from Attorneys
You can pay the amount to the clerk of the court if you like. If the debt is more than four years old, don't pay, show up in court.
You can try, however, I would NOT recommend that you simply send payment and hope that resolves the matter. You need to contact them, make arrangements to pay the debt, and then ask that they confirm in writing that they are going to dismiss the lawsuit. The other option is to appear in Court that day with a cashier's check payable to the creditor for the exact amount they are requesting in the complaint (not the original debt - they are probably entitled to costs of suit), and give it to the judge when the case is called. He should then be willing to dismiss the suit based upon your tender of payment at trial. Be sure that it is a cashier's check because a personal check, or even a money order is not an equivalent of cash, and the judge will probably not dismiss the case where there is a chance your check will not clear.
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