Do I attend hearing if settlement has been reached?

Asked 4 months ago - Des Moines, IA

I reached a settlement with plaintiff's lawyers, I made a payment. The payment has cleared in my account, but no dismissal has been filed. I contacted plaintiff's lawyer about dismissal, they said they typically wait 30 days to file, to make sure payment doesn't bounce. Meanwhile, the original hearing date is set for 3 days from now. They told me there would be a continuance filed and I wouldn't need to attend. I haven't received any notification of a hearing change or continuance. Is this typical? Is my attendance still required at the hearing?

Attorney answers (4)

  1. Christopher Ryan Natynski

    Contributor Level 10


    Lawyers agree

    Answered . As of right now, you still need to attend the hearing. Call the Court and determine if a continuance has been filed. Come to think of it, I do not understand why they would not file a stipulated dismissal to be on the books instead. The Court should tell you if the Motion to Continue has been filed. If not, you still need to attend. Good luck with your matter.

    Legal disclaimer: No attorney-client relationship is formed by this communication. Any recommendation/information... more
  2. Thomas O. Moens

    Contributor Level 19


    Lawyer agrees

    Answered . Call the clerk, or check online to see if your hearing has been continued. If not, you need to attend, or the plaintiff will be able to have a default judgment entered against you. It is not clear from your question if the payment you made was payment in full, or the first payment of a payment plan. If payment in full, the case should be dismissed. If part of a payment plan, you might want to ensure that either no judgment is entered or the payment plan is entered as part of the judgment.
    Here is the link to check the status of your case:

    By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to... more
  3. Erik S. Fisk

    Contributor Level 14


    Lawyer agrees

    Answered . Show up unless there is a court order otherwise. In my experience, the Courts don't appreciate folks who blow off hearings.

    The comments listed here are of a general nature and should not be understood to create a formal attorney-client... more
  4. Kimberly V. Thomas

    Contributor Level 8


    Lawyers agree

    Answered . I would agree. You can also request a continuance yourself.

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