• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I Negotiated Pending Trial Claim Down -- What do I do next?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jan0004

Junior Member
What is the name of your state (only U.S. law)? FL

I have a claim / lawsuit that is past arbitration and set for trial in mid February. I have been corresponding with the Plaintiff's attorney by email and they agreed to accept my offer to settle a $3500 debt/claim for $500. However, the attorney only replied that his client agreed to settle the debt and that they need payment right away before the trial. However, THEY DID NOT include a letter or Final Settlement Offer or any kind of paperwork that would show that they are agreeing to settle the whole amount for the agreed $500. So, I know that i should NOT send them a penny until they out it in WRITING.

So, my question to you is: What exactly do i request in writing? Specifically what must I have from them, clearly stated in writing, that will ASSURE me that the full amount of the claim will be settled in FULL for the agreed $500 settlement? What do they have to include so that the courts know this claim was settled and the trial should be canceled? (once I send them payment, of course) ... The attorney represents the plaintiff, but should I look for the plaintiff's signature OR is the attorney's letterhead enough?

I just want assurances, in writing, that THIS will settle the full claim and avoid trial.

Thank you so much for your replies.
 


single317dad

Senior Member
What is the name of your state (only U.S. law)? FL

I have a claim / lawsuit that is past arbitration and set for trial in mid February. I have been corresponding with the Plaintiff's attorney by email and they agreed to accept my offer to settle a $3500 debt/claim for $500. However, the attorney only replied that his client agreed to settle the debt and that they need payment right away before the trial. However, THEY DID NOT include a letter or Final Settlement Offer or any kind of paperwork that would show that they are agreeing to settle the whole amount for the agreed $500. So, I know that i should NOT send them a penny until they out it in WRITING.

So, my question to you is: What exactly do i request in writing? Specifically what must I have from them, clearly stated in writing, that will ASSURE me that the full amount of the claim will be settled in FULL for the agreed $500 settlement? What do they have to include so that the courts know this claim was settled and the trial should be canceled? (once I send them payment, of course) ... The attorney represents the plaintiff, but should I look for the plaintiff's signature OR is the attorney's letterhead enough?

I just want assurances, in writing, that THIS will settle the full claim and avoid trial.

Thank you so much for your replies.
You should research "Satisfaction and Release of Claim", as well as "Dismissal with prejudice". Demand that promise of those two things is signed and in your possession before payment. After payment, ensure they follow through with their signed promise.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top