Do I need to file answer?

[130munch]

I'm being sued for an unpaid med. bill. I don't want a bad mark on my credit report & I do owe the money so I contacted the attorney handling the case to settle out of court.

1st court date is on 1-6-10, but I can't pay in full by then. Attorney agreed to let me pay 1/2 before 1-6 and the other 1/2 by 1-20, which I agreed to do. She said on 1-6 she will continue the case and when they get the other 1/2 by 1-20 the case will be dropped.

With all this in mind, do I still need to file my answer? Do I still need to go to court on 1-6? Attorney was very friendly & professional, so I really don't anticipate any problems.

 

[Antigone]

I'm being sued for an unpaid med. bill. I don't want a bad mark on my credit report & I do owe the money so I contacted the attorney handling the case to settle out of court.

1st court date is on 1-6-10, but I can't pay in full by then. Attorney agreed to let me pay 1/2 before 1-6 and the other 1/2 by 1-20, which I agreed to do. She said on 1-6 she will continue the case and when they get the other 1/2 by 1-20 the case will be dropped.

With all this in mind, do I still need to file my answer? Do I still need to go to court on 1-6? Attorney was very friendly & professional, so I really don't anticipate any problems.

You will need to present yourself in court on Jan 6th. If you don't appear you might find that a judgment will have been entered against you.

 

[jharris352]

Yes. File an answer that says you don't owe the debt. Appear in court after paying the first half and the judge will continue the case by request.

 

[130munch]

I thought I should put in my answer that I'm working with attorney to settle debt out of court - is that not a good idea? I should go in & deny I owe?

 

[jharris352]

Saying that you are working to settle is not an answer. That is an admission that you owe the money and it could be used to get a judgment against you.

Answer like I said; that you do not owe the debt. You are not required to admit to the debt, and it is not perjury if you are proven wrong. The answer is not really going to matter, the attorney is going to continue the case.

 

[130munch]

Thanks - I'll go & file my answer per your advise.