Q: Do i have to go to small claims court if both parties agreed on payment plan
i have already made a payment and sent the paperwork back to the lawyer signed.
A: If you and the lawyer on the other side have agreed on a payment plan to resolve the debt the lawyer should file a notice to the Court informing the Court that the case has been resolved and no trial is necessary. CAVEAT: Do NOT rely upon the information I just gave you--because sometimes the notice either never gets filed or never gets looked at by the Judge--who then assumes you owe the amount sought--plus attorney fees and costs--and enters a Judgment for the FULL amount--which can be used by the creditor to collect the debt for 20 years--if you breach your agreement.
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