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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7362
Experience:  28 years as a practising solicitor.
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I am being sued for £22,000. Defenses are due in the sheriff

Customer Question

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?

Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
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Customer: replied 1 year ago.

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?

Expert:  JGM replied 1 year ago.
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Expert:  JGM replied 1 year ago.
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Customer: replied 1 year ago.
Thankyou, this has all been extreamly helpful. Just one final question;

It is possible that the pursuers solicitor could attempt to mislead me or have me sign non-legally binding documents that may not be immediately aparent to me, or would that be a case of serious professional misconduct?

I just have no idea how safe a transaction like this is, i need to cover that 1% doubt.
Expert:  JGM replied 1 year ago.
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