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Should I send the defendent in my suit the information I'd planned to use in court to settle with him out of court?
Washington, DC
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Posted 4 months ago in Litigation
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I recently purchased an expensive wedding set from a jeweler that was sent to me damaged. I had also sent them my center stone to be set in the engagement ring, which also came back to me damaged. After repeated attempts to have them repair the damaged setting and reimburse me the damage to my stone - only to be ignored and told that it was my problem, I filed suit. Now the business is asking to settle out of court. I have all the documentation (repair receipt, original purchase receipt of the stone and the setting, an appraisal of the stone, and a detailed report of the damage to the setting and stone). I am concerned about giving him all this information before going to court, only to have him not settle. Is it okay to send him this information in hopes that he will settle or just wait?
Answers (1)
Pamela Koslyn
This attorney is licensed in California.
Posted 4 months ago.
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It's a risk to send the other side your evidence, but on the other hand, it may be a shortcut to settlement.
Is this a Small Claims suit? If so, exchanging evidence is something judges ask litgiants to do at the hearings anyway, but by then it's too late for them to refute your evidence, such as by, for example, getting their own appraisal, whereas if you show them what you've got now, they could strategize around your evidence. You can ask them to for the amount of your claim without giving up your evidence, and see if they ask for your evidence. You can also ask them to formally to give you all their evidence, under oath that's it's true and correct, in support of their answer/denial of your allegations, as well as any insurance information they have, and then if they do the same, provide them with your evidence. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. |
