Q: I have a credit card debt sold to midland credit management (MCM), set up payment arrangement, still seeking judgement.
As stated above, today I set up a payment arrangement with MCM and at the end I said I would still show up to the court date to ensure the case dismissed since we made this arrangement and they advised they would still seek judgement against me incase I defaulted so they could garnish me without further legal action. Can I go to court and ask the judge to dismiss the case since I set up this arrangement? What are the chances the judge would dismiss it?
A: None. You are misapprehending what the payment plan does. There's no need to go to Court as long as the stipulation you executed is filed with the Court beforehand. The stipulation controls the lawsuit from here on out. As long as you stick to it, the litigation stops and when you complete the plan, the case is dismissed. However, if you default, there's no going to Court; they get a judgment based on the fact that you defaulted. The judge is not going to dismiss the case.
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