Assuming each side is willing, parties to litigation can settle any time before a verdict has been reached.
THE INFORMATION CONTAINED IN THIS POSTING IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. THE FURNISHING OF THIS INFORMATION DOES NOT CREATE AN ATTORNEY CLIENT RELATIONSHIP. AN ATTORNEY CLIENT RELATIONSHIP REQUIRES THE FURNISHING, REVIEW, AND SIGNING OF A RETAINER AGREEMENT.
Debt collection lawyers are usually willing to make a deal..... that is how they get paid. Shoot for 50 cents on the dollar on the principle with a waiver of any accrued interest. Ask them for a demand and see where you go.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
Yes. Even if you do go to Court, you can always negotiate a settlement before trial. When you negotiate, request that the case be dismissed upon full payment so that the case does not result in a judgment against you. Also, an important term of your settlement should be that the creditor report to the Credit Reporting Agencies that the case is settled.
Absolutely! Your prompt payment will cause a Stipulation of Discontinuance to be filed and will avoid a judgment being entered against you--which is also much better on your credit report. Be sure you obtain the Stip so you have proof the debt was paid prior to judgment. As for negotiating a lower amount, that, of course, is up to you.
Yes. You have an opportunity to settle and avoid a money jusgment. Consider asking an attorney for help negotiating a a better deal.
This communication is intended only to provide general information. No attorney-client relationship is created.
You can negotiat a settlement. How much and on what terms will depend on who the creditor is, who their lawyer is, and the willingness of the Court to help. It will also depend on the answer you filed ( I hope you filed one!).
A lawyer might help at this time. Courts are often eager to ram a settlement down everyone's throat to clear its calendar,and sometimes the collection lawyer will take advantage of this to get more out of you. Don't rule out engaging a consumer lawyer who deals with collection attorneys often.