Unfortunately, offers of settlement are considered irrelevant in court. The theory is that, just because some offer was made, the entity making the offer is not obligated to keep the offer available.
While I understand your point completely, the judge simply cannot make them abide by the offer they extended. So, to answer your question, it is more likely that they would prevail and a judgment would be entered.
Having said that, I would encourage you to continue to act in a "professional/efficient manner". If you can contact the attorneys office and/or the credit card company and get this thing finalized, you can still obtain your goal, that being a negotiated settlement that does not include a judgment.
I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found value in my answer.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
Do you think that in light of the information I have that the lawyer's office would be more willing to negotiate now and settle for less than the original amount?
SHould I make them aware of all the information I have?
I was even able to use the tracking number on the envelope of the reduced settlement offer to prove that the credit card company only mailed the pre-dated letter on February 16, 2011 and when I called the very next day they told me they weren't able to uphold that because of the date of the letter, yet they clearly sent that out AFTER receiving my payment and proposal in order to cover themselves for not having sent me any offer in the first place. That's falsifying information in some form isn't it?
Do you think it would be worth presenting my information to a local attorney or simply continue to try to deal directly with the credit card company (letting them know I have proof of their fraudulent activities) and attorney's myself with the hopes of them realizing I have negative information against both as professional organizations and them being more willing to accept a reduced amount?
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