Is a civil case dismissed the day of court?

I got a warrant in debt from Capital One back in November, when I received it i paid it in full to avoid going to court. My court date is coming up and it still isn't dismissed. Will it get dismissed the day of the court date? Can they still get a judgment against me?





I also sent a letter to the court and proof showing I paid in fullIs a civil case dismissed the day of court?
I had the same thing happen to me with Capital One. I paid it off before the court date and didn't bother to show up. Several months later I received the notice of dismissal, so I guess their lawyer didn't show up either and it just took a while for the court to catch up on the paperwork. I wouldn't worry about it.





Hi, Pogolaw. I know you from the reunion.Is a civil case dismissed the day of court?
I suggest that you attend any court hearing that is set for you. You are the defendant, and if you do not show then you can't argue you have paid the debt. If the case is called, and the plaintiff, Capitol One, is ready and you are not there, they have every right by law to ask for a default judgment and they will get it.





What i suggest is calling their attorney and asking their intention is to dismiss the case, and ask for something in writing that says he is going to dismiss the case.


You could also draft a document in the style of the pleadings that asks for the case to be dismissed because payment was made and then attach the proof. Alterr really isnt all that helpful because a court cant act if they haven't been asked to act. Ask them, in a motion to dismiss, to dismiss the case.
Pick up the phone and try to get through to talk to a real person. Sometimes there is a considerable delay in the paper work. If they tell you on the phone that your case has been dismissed, ask them to send you a notification by mail.





Failing to get satisfaction by telephone, try to arrange to go to the courthouse BEFORE the court date. If you wait until the court date, you will probably have to wait your turn for your case to be called.





Another option might be to talk directly to Capital One, and confirm that they have received the payment. Ask their help in confirming that the case has been dismissed.





I've worked in a program in conjunction with small claims court. I've seen cases dismissed simply because the other party did not show up. I've also seen someone win in court because the other party did not appear to defend themselves. In some small courts (I can't speak for all) there is still the possibility that the other party can appeal the dismissal if they file an appeal within a stated period, in Kansas ten calendar days.





It's worth the extra time to clear your name. I once had a phone call from a defendant who had ignored a court order to pay $400 dollars for four years, and it was keeping him from getting a mortgage. (This was before all the current mortage debacle.)
If you've paid in full it should be dismissed I would think, Capital One would not want to pay an attorney to show up for court. Phone or go by the court and ask the clerk what the status is, they might not want to discuss it over the phone because of privacy concerns but the clerk can tell you if it's still on the docket and why.





You might have to submit some type of paperwork that hasn't been sent in yet and she can tell you what if anything is missing.
Usually the lawyer will go before the court and tell the judge that the debt has been satisfied, and the judge will dismiss the case. The lawyer for Capital One will have probably about 50 cases on their docket that day. Usually you don't have to show up if you've paid, but if you have the name and number of the lawyer, try to give them a call ahead of time and ask if you need to be there or not.