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LADYLAWYER : Offers to settle are unfortunately in admissible in court. However, in your answer, you can say that you have attempted a good faith settlement with the plaintiff and that they have rejected your offer. You should not include proof of that offer in the form of a letter attached as an exhibit.
So, should I attached or not?
LADYLAWYER : No.
LADYLAWYER : you should only say you made an offer to settle. Saying ow much or attaching proof may mean the plaintiff will file a motion to strike, and even if they don't, the judge cannot take it into account.
what will be the next step?Will this stop them to obtain the judgement?
LADYLAWYER : With regard to the settlement, the crediotr is not legally obligated to accept anything less than the full amount of what they are saying you owe. That said, most will accept a 50% settlement. Some accept less and some more, as you have seen.
LADYLAWYER : No, this will not stop them, but it will delay them.
LADYLAWYER : If they will not accept your offer and they move forward, then you will have an opportunity to show the judge what you make and what you can afford to pay.
If I hire a lawyer to settle, will that be a possibility to make them accept less
LADYLAWYER : It is likely that they will accept less, but your attorney's fees could be thousands in the meantime. So you have to weigh that with whether you should just put that money towards the settlement.
Thank you for your help. In what state are you working?