can I pay it to protect myself from judgement against me and then sue? Can I sue without paying it first? Does it make a difference if I make a payment under protest or just send a check?
Would paying disputed amount mean that I'm agreeing that the amount was owed? Thank you.
Debt Collection Attorney
If You Dispute It Don't Pay It. If They Take You To Court In Small Claims You'll Be Sent An Answer To,Fill Out. Explain Your Position On Your Answer And File It With The Court And Send A Copy To The Plaintiff. The Court Will Assign It For A HeaRing At Which Time You Will Explain To The Magistrate Why You Don't Owe The Amount Claimed.
Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her firm. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.
3 lawyers agree
Employment / Labor Attorney
(1) Don't PAY.
(2) If/when they sue you, fight back with your answers.
(3) How much is this invoice amount?
(4) Judge will decide (small claims).
THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.