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Category: Legal
Satisfied Customers: 17252
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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My credit card company filed a lawsuit in California where

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My credit card company filed a lawsuit in California where I live to collect debt owned approx. $5,000. I settled on $500 down and $110 monthly payments. I received a settlement letter with all the proper information, documenting amount owned, dates, account number. I signed and dated this letter and return to their attorney's office. I have been working payments since February 2013 on time. I received a letter Superior Court of California back end of April stating notice of case reassignment (same areas near where I live) date of hearing remains the same June 17, 2013. Since I settled, and have all proper paper work documenting this situation, do I need to appear in court on June 17th?


Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification


When was the lawsuit first filed?


Ws it started prior to the settlement?


In your settlement letter, did it state that the lawsuit is settled as well?

Customer: replied 4 years ago.

Lawsuit first filed Dec. 17 2012

Settlement was started after they filed which was signed

off on January 20, 2013

Need to read again if the lawsuit was settled as well

It would seem that you would not need to appear at the Court date due to the settlement, however, you need to review your settlement letter, if it states that the lawsuit is hereby settled, or has the caption of the lawsuit or the index number of the case, you can assume that the settlement was filed with the Court, if there is no mention of the lawsuit, I would appear in Court and submit the settlement letter to protect yourself from a default judgment.
Customer: replied 4 years ago.

I did read the settlement letter, which states I needed to sign and return letter within 2 weeks (which I did do). The letter states once we receive a copy with your signature we will file it with the court and all future hearings and trail dates will be removed. How do I check with courts if this has been done?

That is good, you can contact the clerks office of the Court to see if the settlement was filed, I would also contact the Attorneys office of the lender to make sure the settlement was filed.

If they have signed the settlement, and it was approved, you would not have to make any appearance, as this was a formal settlement in relation to the Lawsuit.

I would still call the Court clerk to make sure the settlement was filed, you may also be able to check online, using the case number. Go to the link below as they will have the Court information, and may even have the status of your case.
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