Can i make an offer to settle before trial date, civil case?

Asked over 1 year ago - Allison Park, PA

i am getting sued, by my father!, for $40,000. Can I make an offer of $15,000 then make yearly payments? I missed the diposition, so, I know I have to pay. I have debts and can't afford much after the lump sum of $15,000/

Attorney answers (3)

  1. Christopher Edward Ezold

    Pro

    Contributor Level 17

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    Answered . Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, you can make an offer of settlement at any time. You can also offer to reschedule the deposition you missed, although depending on timing and the reason(s) that you missed the first deposition, you may not be able to. Missing the deposition may not automatically mean you lose the case, however. You should speak with an attorney to get a sense of your liability and how to proceed.

    If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

    /Christopher E. Ezold/

    The Ezold Law Firm, P.C.
    Employment, Business and Health Law
    One Belmont Avenue, Suite 501
    Bala Cynwyd, PA 19004
    (610) 660-5585
    Cezold@Ezoldlaw.com
    www.ezoldlaw.com

    Answered 8 months ago. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed... more
  2. Jeremy Rovinsky

    Contributor Level 5

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    Answered . You can always make an offer to settle. A settlement is an agreement between the parties in which one party offers something (such as some of the money) in return for the other party dropping the lawsuit. Most cases in the United States settle, since trials are long, ugly, and expensive. I highly recommend making a fair settlement offer that both parties can agree on.

  3. William Asa Grafton

    Contributor Level 12

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    Answered . There is no special time for making settlement offers. Usually, when I work to settle a matter, I wait until the perception that my client has some tactical or other advantage to make an offer. Here, you don't have many advantages. You indicate that your father all but has a judgment against you in the bag.

    In this case your only advantage that you could use to encourage acceptance of your terms is the threat of impending bankruptcy or if you have this $15,000 now, you could offer him this as a bird in hand.

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