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chaznsc
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Reged: 12/22/09
Posts: 43
Cancel a court date??
      #741685 - 04/16/11 04:49 AM

A while back you guys helped me with filing a case against my Ex for not paying medical bills to the tune of 500 dollars. (Son is a diabetic).

She's been served with papers and now wants to pay up. Assuming she does this, whats my next step to derail the upcoming court appearance?

chaz_


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divorcedwoman
recently joined


Reged: 04/15/11
Posts: 4
Loc: Park City IL USA
Re: Cancel a court date?? [Re: chaznsc]
      #741688 - 04/16/11 05:39 AM

I would need more information. I assume you are doing this Pro Se? I would make sure you have a track record that she did pay you the 500.00 and do take it. What kind of papers were served to her? Those papers tell me what you can or cannot do to derail your next court date.

--------------------
Hi! Iím Jackie Paulson, a freelance paralegal and writer, and live in Park City, IL (USA).


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chaznsc
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Reged: 12/22/09
Posts: 43
Re: Cancel a court date?? [Re: divorcedwoman]
      #741689 - 04/16/11 05:54 AM

Yes, Pro Se. The papers were basically the form I filled out with the date of the appearance and my claim.

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javajunkiee
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Re: Cancel a court date?? [Re: chaznsc]
      #741790 - 04/17/11 10:03 AM

I'd wait until the ck clears before you cancel anything, and even then I'd personally go to the court date, and just let the judge know that the debt is cleared. That way your case has a record of the non-payment, and she knows that you're willing to play by the book on this issue. It might prompt her to be more timely in the future.

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Marriage doesn't come with a money-back guarantee.


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chaznsc
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Reged: 12/22/09
Posts: 43
Re: Cancel a court date?? [Re: javajunkiee]
      #741820 - 04/17/11 12:48 PM

I appreciate the advice junkie.

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chaznsc
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Reged: 12/22/09
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Re: Cancel a court date?? [Re: chaznsc]
      #745962 - 05/08/11 08:47 AM

Well, she paid the arrears. Now I am not sure what I will do. I dont want the court to think Im wasting their time. I had verbally warned her, then warned her in writing with 20 days to respond, then served her with papers. She's now paid up and I am torn as to what to do now.

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MrsB
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Re: Cancel a court date?? [Re: chaznsc]
      #745999 - 05/08/11 01:18 PM

When is the hearing supposed to be?

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chaznsc
newbie


Reged: 12/22/09
Posts: 43
Re: Cancel a court date?? [Re: MrsB]
      #746027 - 05/09/11 07:09 AM

May 20...

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MrsB
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Re: Cancel a court date?? [Re: chaznsc]
      #746028 - 05/09/11 07:10 AM

I would go ahead and attend so it's on record that she's paid, and that you had to go to court in the first place because she didn't.

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MTmom
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Re: Cancel a court date?? [Re: MrsB]
      #746061 - 05/09/11 10:43 AM

Did you have to pay filing fees or other court costs to file the motion?

If so, go to the hearing. Present the court with a copy of her payment for the medical expenses, but ask for a judgement for all of your fees and costs associated with the collection proceeding.


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chaznsc
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Reged: 12/22/09
Posts: 43
Re: Cancel a court date?? [Re: MTmom]
      #746080 - 05/09/11 11:57 AM

There was a small filing fee, but she actually paid that as well as all the arrears. So I can show up to court and they wont think I'm being an @ss by telling them she paid up?

I hated to even file, but it took over a year to get to this point, it wasn't some off the cuff action on my part.


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MTmom
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Re: Cancel a court date?? [Re: chaznsc]
      #746099 - 05/09/11 02:28 PM

Check with your clerk of court, and ask if there is a form for a motion to dismiss without prejudice.

That way, you can dismiss the pending case - but if something changes (check bounces, etc) you can refile.


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