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loeblaw
loeblaw, Attorney
Category: Legal
Satisfied Customers: 1669
Experience:  Trial Atty---NY, NJ & Fed Courts, Owner of law office for 10+ years--Recently joined this Site
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I just recieved a court summons. I dont want to refute it,

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I just recieved a court summons. I don't want to refute it, I do owe the money. Can I call the attorney whose name is XXXXX XXXXX that represents the plantiff? Can I settle this without going to court? Or does a court summons mean that it doesn't matter that I have to go to court anyway? If so, it says to write a statement of defense.. I have no defense and am not sure what the next step would be.
If you are agreeing that you owe the money that is demanded in the complaint then you can call the attorney and let him know that you are prepared to settle the matter. If you do, then there is no reason to answer the complaint or file responsive papers in court. However, you should make sure that before you send any money, the Plaintiff sends you a release which states upon payment, you are released from further liability with respect to this claim. Once you get the release and make payment. You should get a stipulation of settlement and discontinuance which should be filed in the Court where the original summons was filed so that the Court will receive notice that the case against you has been resolved and discontinued.

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Customer: replied 6 years ago.
So if I get a stipulation of settlement and discontinuance, do I need to file it or does the plantiff do that?
You would file it in order to protect yourself. It creates a record that the case is done.
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