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DrakeLAW, Lawyer
Category: Legal
Satisfied Customers: 756
Experience:  Attorney at Drake Law Firm PLC
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I have been served a summons for a debt owed. Can I pay the

Customer Question

I have been served a summons for a debt owed. Can I pay the debt owed to the original creditor and avoid the legal process and additional costs? The original amount of the debt is $1034 and I live in the State of Colorado.
Submitted: 10 months ago.
Category: Legal
Expert:  DrakeLAW replied 10 months ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Expert:  DrakeLAW replied 10 months ago.

Yes you can, although they may now be asserting additional legal costs and fees. But you just need to contact the lawyer that filed the lawsuit for the summons you received and make an offer of payment.

Does that answer your question?

Customer: replied 10 months ago.
I was hoping I could simply pay the original creditor the amount owed and write "Final Payment" on my check. I was of the understanding that if this was cashed that it is accepted.
Expert:  DrakeLAW replied 10 months ago.

You can try that. It doesn't necessarily work though. I know what you are talking about, but just writing final payment on the Memo line does not mean it will be the case if it is cashed. So it just depends if the original creditor does anything more about it. What you are talking about is called an "accord and satisfcation" and if they fought it they would probably win.

Furthermore, that doesn't guarantee they will stop the lawsuit upon cashing the check so they could end up still getting a judgment against you and you would have a mess to sort out later.

The only way to deal with the lawsuit part of it is to contact the lawyer that filed it.