Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
Hello, I was sued by a credit card company. I paid the debt before it ever went to court. I have all documentation. I also have documentation that I sent to them that I answered the suit and that it had been paid. The lawyer for the credit card company said they would drop the suit in a matter of days. This has still not happened. I am not that concerned since I have kept a record of everything. I am just wondering if I have any legal action against them since they have still not dropped the suit. It has been over 30 days. Thank You.
If the debt has been paid and the credit card company has no other claim against you (or has told you it has no other claim against you), you can file a motion with the court to dismiss on the grounds that the lawsuit is moot, meaning that the purpose for the lawsuit doesn’t exist anymore. You can contact the court to ask how you file that motion, and then submit your documentation that the suit has been paid. The court will then allow the credit card company to respond. If the company agrees with the dismissal, or does not respond, the court will probably dismiss the case. if the company responds stating that there’s still an issue to resolve, then you can address that in a reply.
If you are still having difficulties, or are uncertain how to proceed, you can contact an attorney who specializes in consumer or credit law.
