Tips on settling and negotiating a payment plan as a defendant in a civil case

Asked about 2 years ago - Los Angeles, CA

How would you minimize damages claimed?
How would you enforce an effective strategy to lay out a payment plan?
How to appeal to the plaintiffs?

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . The strategy is going to depend upon the age of the debt, the amount, and whether the debt was assigned to a third party or is the original creditor.

    Generally speaking, if a lawsuit has already been filed, you should file an Answer first, before you negotiate.

    You are usually better off if you make the first settlement proposal, rather than having to respond to the plaintiff's demand.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Eric D Ridley

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . If you're a defendant, you absolutely must get your answer filed before doing anything else. Your goal is to gain as much leverage as possible, in order to maximize your bargaining position. Your other questions are highly dependent on the facts of your case, so if you want to provide more information, we can probably provide more detailed answers.

    Eric Ridley can be reached by phone: (805) 244-5291, by email: ridley.eric@gmail.com, or at http://www.... more
  3. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . you should hire a lawyer who handles these cases on a regular basis. the money you will spend will be well worth it.

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