Ask a Lawyer and Get Answers to Your Legal Questions
Well, as you probably know, neither side can force the other to settle, if either side wants their day in court, they'll get it. Having said that, there are certainly things you can try to bring the matter to a resolution. For example, you might consider putting together an offer of settlement and, within the offer, you could detail related issues such as problems collecting on a judgment. The plaintiff should keep in mind that obtaining a judgment does not necessarily end the case as they may need to undergo extensive efforts collecting on that judgment and, with no assets, that may be impossible.
.I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed. .If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied..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..Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.
FYI, Plaintiff is a $13 Bill company, we fought hard to get a Jury Trial, they have engaged in spoliation of evidence (documented by our previous attorney of record, now pro se) - we plan to file a motion for sanctions as to spoliation/ deem certain facts admitted - which, IF granted, would make our counterclaims "stick" in a Jury Trial - eventhough our family will be representing ourselves... but, truth is, we're burned-out, tapped-out - and would struggle in a Jury Trial... on one side, if we are granted our pre-trial motions, we stand to get back all we've lost + treble damages + legal fees.. but if not... it's a risky proposition - esp against a formidable law firm/ Plaintiff...
Unfortunately, this is just one example of the flaws of our system. We often speak of having the best legal system in the world. While this may well be true, our system still isn't perfect. As you've alluded to, it often comes down to a war of attrition with the side with the deeper pockets winning out.