I am being sued for £22,000. Defenses are due in the sheriff court next tuesday. I have my defenses prepared for this date but have also agreed a settlement of £8,500 with the pursuers lawyer. I am representing myself by the way. He says he will accept a bankers draft in his office in return for a receipt acknowledging the transaction stating that it is in full and final settlement. I don't fully trust the watertightness of such a transaction and fear the remainder of the debt may still be pursued.
Can i do this transaction in the sheriff court (present a bankers draft for acceptance as full and final settlement for the disputed monies) in front of a sheriff at the point where i'm being asked for defenses?
Does this make it safer that a judge witnesses the acceptance from the pursuers lawyer and will the judge rule 'decree absolvitor' on the spot? Or will the judge refuse to partake/get involved with or acknowledge such a transaction?
Or should i just go for the £300 quoted by a law firm to deal with the whole situation?
In total, how many individual signed documents should there be? Is it one settlement leteer, one joint motion letter and one joint minute letter? Or are all/some of these combined into one document?
Does the actual pursuer have to sign and accept these documents or can his lawyer deal with it all on his behalf, leaving no room for further dispute?
Also, is it worth me having my own witness(es) to the signings and transfer of monies?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).