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Should I pay the part I know I owe?

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J

JustASC

Guest
Florida


I have a case pending where I'm being sued for a dollar figure that is much higher than what I believe I actually owe. I am sure I can prove that my figure is the correct one. I have attempted to settle with the other party for this (my) amount, but their written response was "we're not interested in settling for this amount". They are representing their figure as the actual debt, not one that is inflated with costs and fees. I think they're just getting bad advice from their attorney.

My question is should I go ahead and pay the amount I am sure I owe, prior to any court appearances, so that I can present proof of that payment with my case and "show" the court that I actually owe nothing? Wouldn't this prevent a judgement being granted (which I think would look very bad on my credit report, even if I pay the other party on the spot)? I know it sounds like a silly question, but I honestly don't know if it is procedurally correct to do this or not. Likewise I'm not sure if the plaintiff has to accept the payment or not. I'm just doing everything I can to make sure that I "win" the case, and I don't want to leave this potentially important step out.
 


BelizeBreeze

Senior Member
What kind of debt is this? You seemed to have glossed over that in your post. Also, how long has the debt been unpaid? And what are the extra 'costs' the plaintiff is claiming?
 
J

JustASC

Guest
This is the remaining balance on a revolving charge account at a jewelry store. Payments have been made sporadically over the last year, including a large payment made a few months ago (that was conveniently left out of their calculations when they filed suit -- this is why I am sure the amount I actually owe is less than what they're claiming, and I can prove this easily enough). I feel very confident my figure will be upheld...and if I pay this amount to the plaintiff the account should be zeroed out. The plaintiff is not claiming any other costs or fees, with the exception of asking the court to order that interest be paid on the unpaid amount.
 

BelizeBreeze

Senior Member
And they will be allowed not only to get interest from the date of the decision (and interest on unpaid balance if it's so stated in the contract), but also court costs.

If you have proof of making the payment then simply provide it to the judge. Paying the balance off now won't change the fact that you will owe any penalties and interest accrued pluse costs.
 

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