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cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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I am going to send a letter to try to settle for a small amt

Resolved Question:

I am going to send a letter to try to settle for a small amt for a credit card lawsuit. The trial is on May 14.I was going to show my rent being late 14 days,debt to the IRS,and first few pages of BK filing paers and pre counseling class I took.I will tell them i will file BK if I lose the case.Basically I will show them they are wasting their time.My brother said he would give me $1,000 if they would settle for that amt.The reason i really dont want to file BK is that I only have a few more accts left to pay off and it makes it harder to get a job with the BK on my record.If I send this letter does that imply any guilt to them or the court since I am doing this before the trial.Do you think my idea of sending the plaintiff these items is a good idea to try to convince them to settle for such a small amount.The debt is up to about 15k.Thanks.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 5 years ago.

cortrightlaw : Give me a minute to review your question and respond
cortrightlaw :

No you should be fine, just label the letter as an attempt to settle, settlement letters and or negotiations are not admissible in a civil case, the courts want you to try and attempt to settle so they do not want to punish you for making those attempts.

Customer:

By the way in their response to my motion to compel the plantiff addmitted they do not have the original signed contract and are doing an affadavit instead of being live at the motion hearing April 16.Any thoughts.

Customer:

Do u think putting some of the first pages of the Bk petetion and rent late letter and installment debt is good to show them?

cortrightlaw :

Thats good on the motion I think they have a problem with their case without a signed contract to enforce, you might be better using that info in your settlement letter.

cortrightlaw :

The other info can't hurt just make sure it doesnt disclose anything you do not want them to know.

Customer:

My wifes name is XXXXX XXXXX tax and rent letters white it out?

Customer:

r u still around

Customer:

?

cortrightlaw :

Sorry had to do some other work

cortrightlaw :

Yes white out her info they do not need that

Customer:

One last quest at motion hearing or trial r they going to say did u charge these items? it has been so long I probably cant recollect is that ok to say?

cortrightlaw :

At the discovery motion it should not come up, only the issue of production of the documents you requested. At trial it will most definitely come up, if you do not remember signing a contract or purchasing what they said you purchased just say you do not remember doing so, just do not lie though as the judge will read through that and you dont need that kinda trouble.

Customer:

If i do remember some charges is that the end for my chances to win even wothout signed contract?

cortrightlaw :

Well if you remember the charges its going to be hard to say that you did not have a contract?

cortrightlaw :

Is this in small claims court?

Customer:

civil limited

cortrightlaw :

If you could find an attorney to go for you and as long as they do not subpoena you to go then you could not show up and just have your attorney defend you against their claims that they will not be able to prove, then they could not put you on the stand.

cortrightlaw :

were is the case at?

Customer:

ventura

cortrightlaw :

Just keep working on settle with them for now and maybe they will give in.

Customer:

i have represented myself the whole time could i get attorney midstream

cortrightlaw :

yes if you had the money and could find one up there that would give you a good deal to handle the trial.

Customer:

thx for r time

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