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Do I attend hearing if settlement has been reached?

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?

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Attorney answers 4

Posted

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.

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Posted

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

Asker

Posted

I paid the agreed amount I full. I signed a stipulated agreement that was noterized. I forwarded this paperwork back to the plaintiff's legal team. They said since I signed and paid that I no longer had to appear. They said that they would file all paperwork with the court.

Posted

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:
https://www.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame

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Asker

Posted

I paid the agreed amount I full. I signed a stipulated agreement that was noterized. I forwarded this paperwork back to the plaintiff's legal team. They said since I signed and paid that I no longer had to appear. They said that they would file all paperwork with the court.

Thomas O. Moens

Thomas O. Moens

Posted

My profession may make me more skeptical than most, but I most certainly would be there. Not suggesting that they would not follow through with what they said they would do, but, mistakes do happen.

Posted

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 relationship -- that is, I am not, and I cannot give you legal advice here. I am licensed in Iowa and to become your attorney, I need to understand the particular facts and circumstances of your legal question and, in all likelihood, need to either meet with you personally or in a fairly detailed conference call.