Legal Question in Civil Litigation in California

i received a summons and didn't answer to it but i spoke to the attorney for the plantiff via the telephone. we made payment arrangements and i was advised that i didn't have to respond to the court since i spoke to him and made arrangements. my question is since we made payment arrangements is it legal for the attorney for the plantiff to continue with court proceedings such as entry of default and judgement. please help!!!!!

Asked on 8/12/09, 4:14 pm

2 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

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Yes, the plaintiff can continue with the proceedings! Either insist to get the promise in writing from the attorney that he will not continue prosecuting the lawsuit, or better yet, tell him that he needs to file with the court a Request for Dismissal of the Complaint (the suit). Otherwise, he will probably surprise you. He may balk at you but tell him you will not continuing paying then or will file bankruptcy. Getting something for sure may be better for them than getting anything at all, so they may just agree to your request.

Larry L. Doan, Esq.

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Answered on 8/12/09, 8:34 pm

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