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Ask Maverick Your Own Question
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6390
Experience:  20 years experience as a civil trial and appellate lawyer
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Motioned to set aside judgment. How to dismiss?

Customer Question

This is a small claims case in the state of Indiana.
I have a medical judgement that I motioned to have set aside. The set aside was granted, and the new court date is May 4. The judgement is currently on my credit report for failure to appear, it was automatically granted to the plaintiff. I petitioned to the have the motion set aside, and the motion was granted. The new court date is May 4. My question is if I pay the collection agency, who is handling this for the hospital, before I go to court on May 4, will the final outcome of the court case be dismissed? Resulting in, I will have the paperwork to have this removed from my credit report.
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.

1. My question is if I pay the collection agency, who is handling this for the hospital, before I go to court on May 4. Will the final outcome of the court case be dismissed.

In order to make sure this happens, you will need the creditor to agree to file what is known as a Joint motion for non-suit with prejudice in exchange for your payment. Filing that after the set aside will make sure that there is no judgment hitting your credit report.

2. Resulting in I will have the paperwork to have this removed from my credit report.

If it is on your credit report now, once the court sets aside the judgment and enters non-suit it may take about 6 months for it to come off.
http://www.in.gov/judiciary/files/motion-dismiss.pdf
Use the sample above as a go-by and make sure both parties sign off on it and make it a joint motion.