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do i CC the court on any of the letter betwee me and the CA

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question

Joined: 31 Aug 2009
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Posts: 45

1314 Magic Points

Subject: do i CC the court on any of the letter betwee me and the CA

Mon Sep 21, 2009 7:59 pm

when sending a settlement agreement to the CA , and requesting dismissal of action and motion filed against me; do i CC the court on anything; or would the CA file for dismissal?
thanks

carol

Joined: 27 Jun 2006
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Tue Sep 22, 2009 4:20 am

Hi question

It is not required to do so unless it is something that has got to do anything with the court. A settlement is between you and the CA. If the CA does not abide by the settlement despite a written agreement, then you may involve the court, till then let them be.
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Carol

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Joined: 31 Aug 2009
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Subject: hi carol

Tue Sep 22, 2009 1:11 pm

thanks for ur response; however the CA has filed a motion last month and i have sent an answer to the court; and the court schedule a date for next month; if i need to settle what happens to that date scheduled in court; if i dont show up, would i be in default; or when i pay the CA, then they should file to dismiss the case?
thanks again

Justin

Justin

Joined: 17 Jul 2006
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25288 Magic Points

Wed Sep 23, 2009 5:23 am

Hi,

You have done the right thing by replying to the court. However, if you and the CA decide to settle your debt, then it would be considered as an out-of-court settlement. Following this, ask your CA to withdraw the case, since you would be paying off your debt through a repayment plan decided by both parties. You also need to send a copy of the debt settlement agreement to the court.

In case it does not happen this way, then I believe you must appear in the court, otherwise the CA might get a default judgment against you.
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Justin

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Wed Sep 23, 2009 12:05 pm

yes; i am sending settelment agreement and copy of payment to the court just in case the CA tried anything foolish. hopefully this will be the end of it

carol

Joined: 27 Jun 2006
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Wed Sep 23, 2009 12:23 pm

Hi question

Get the CA to withdraw the case as soon as you sign on the settlement agreement. Do not make any kind of payments before the CA removes the case from court.
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Carol

question

Joined: 31 Aug 2009
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Subject: carol

Wed Sep 23, 2009 3:12 pm

the agreement includes the terms that they will dismiss the case; i thought i will sign the agreement and send the payment; is that not the right way; should i send the signed agreement first and wait for them to send it back and then i will send the payment. i just dont want them to get greedy and change the agreement once they see i am willing to settle. so i thought if i send it with the payment; then i will have proof of the payment to show to the court!
i just dont want too much time to pass before the court date. what should i do?
thanks

sunnyca

Joined: 10 Sep 2009
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Thu Sep 24, 2009 4:34 am

Is it good to get the agreememnt cleared and send them that first. Once you are sure that everythign is in place and you aso have singed copy of the agreemtn fromthem, you can start sending them the payments

question

Joined: 31 Aug 2009
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Posts: 45

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Thu Sep 24, 2009 12:17 pm

its one lump sum payment and the agreement state that upon the receipt of the payment the case will be dismissed; so i understood that they need the agreement with the payment in order to make further action on their part; what do you suggest? thanks

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