Well, Allied beat me to the punch!
Date: Sat, 11/08/2008 - 18:57
Would you believe it! I just paid all three OC's last week! Now what do I do? I know I have to file an answer with the court, but can I answer by filing a motion to dismiss so I don't end up with a paid judgment on my CR? And I don't want to end up paying their legal fees and costs when I paid these OC's off before I received the summons! How will this play out?
Contact the OCs and tell them that you got the notice and have t
Contact the OCs and tell them that you got the notice and have them contact the CA and recall the debt.
Also watch your bank and make sure that the checks clear and get a copy and send them to the attorney along with your response. Just answer that the debts were paid on such and such date and check cleared on such and such date.
With proof of payment then the case will be dismissed. The important thing to remember is the attorney could say ok or he could go for court cost saying you paid after he served you. So the clearing date will be important, also if you can get the Dr and hospital to send you a statement showing when they posted the payments it might help in proving you acted before knowledge of the suit.
What if they didn't post before I got served? I mailed them out
What if they didn't post before I got served? I mailed them out only a couple of days before I got the summons. Two of them had to go out of state.
I'd think that if it goes to court, the check dates / postmark d
I'd think that if it goes to court, the check dates / postmark dates ought to count for something.
Just my $.02...
I understand the timing is close but most first class mail is de
I understand the timing is close but most first class mail is delivered within 2-3 days and since they were going doctors and a hospital they should be posted to your account quickly. My guess is that they were received and posted within a week of you sending them.
Did you pay soon after the statements were received?
This too will be a plus for you. If the statement date is Oct. 2 and you sent the check on Oct. 6 and the they posted it on Oct. 12 and you recieved the summons on Oct 10. I think you have nothing to worry about.
Just remember ANSWER the summons saying that the debts were paid to the OC on such and such date and the checks cleared the bank on such and such date. Also show up in court with all your documents. Your response will be sent to the court and the suing attorney. If he does not drop the case with the evidence you presented then the judge will.
I don't think you have to worry about any additional fees being ordered by the court.
This is my opinion and I don't try to represent it as legal advice.