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

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/

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Attorney answers 3

Posted

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 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, New Jersey or Federal law apply, unless otherwise specified. /Christopher E. Ezold/ The Ezold Law Firm, P.C. One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 Cezold@Ezoldlaw.com www.ezoldlaw.com

Posted

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.

Asker

Posted

do you think $15,000 then yearly payments of maybe $3,000 is fair? Do I need an attorney to make the offer?

Jeremy Rovinsky

Jeremy Rovinsky

Posted

Let me work backwards in answering your question. You don't need an attorney to make an offer - you can contact your father, or his attorney (if he is being represented, contact his attorney) and make a settlement offer. However, it will probably seem more professional (and seem like you are more serious) if you have an attorney do this for you. In terms of what is "fair": to be honest with you, it doesn't matter what I think is fair. All that matters is what your father would be willing to accept. Think about getting into his head and making him an offer that you think he would be willing to accept. Good luck.

Asker

Posted

Thank you so much for answering. I do believe my father wants the full amount. Is it acceptable to offer payments. There is no way I can come up with that much money. What would happen if he would refuse the offer? This is a horrible situation for me;thank you for being helpful.

Jeremy Rovinsky

Jeremy Rovinsky

Posted

I'm happy to help. I think it is a great idea to offer payments. If he doesn't accept, I assume he will continue to pursue litigation.

Posted

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.

Asker

Posted

Thank you..he does have all but a judgement...great father. I do have the fifteen thousand. Then would I be able to make payments if need be?