A few months ago I won a judgement against my former Slumlord, in the amount of $3650.00. He has more than enough meens to pay this amount, but he has chosen to continue on in his ignorance. I went to my local courthouse and asked for what they call a payment hearing, at which he will have to bring all records of his finances, show all property he has, etc. What I asm wondering at this point is, if it might be better for me to offer him some sort of settlement offer, if he does have to come here for court, it is about 500 miles driving, plus a 3 hr ferry ride, plus hotel costs, also I will be able to recover interest, process server charges, and court filing fees. I would rather just get all of this over with, what would be a fair amount to offer him to settle, how long should I give him to pay, and how should I word my letter. Thanks for any tips!!!!!!!!!!
2007-01-20 09:38:21 · 7 answers · asked by pepermint p 1 in Politics & Government ➔ Law & Ethics
It's not that I feel sorry for him, nothing could bve farther from the truth!! It is more of a matter of not having the time (I have 6 month old triplets!!), and I have spent a lot of time and money on this thing. I know that he should be held responsible for the full amount but at this point I would rather get the money I am out, and the rest of my monetary damages, and just forget the punitive damages. My court hearing is on the 21st of Feb, and I would really like to get this finished with before then.
2007-01-20 12:53:34 · update #1
You won the judgment but you want to offer to settle out of court because you feel sorry for him? Use your head, not your heart, here. He's the one who needs to ask for an out-of-court settlement and make an offer. If you won a $3,650.00 judgment, you need to get $3,650.00, not a penny less. Otherwise, you wasted your time in going to court to get this amount.
If you decide to do this, ask for the full $3,650.00, giving him 24 hours to pay, or 36 hours, or something like that, but not 2-3 weeks or months. If you say he has the money to pay this, then he needs to pay it NOW. It if goes into a payment hearing, the judge will order it paid right then, on the spot. He doesn't pay, he goes to jail and still he has to pay. that's the way it works. (Are you in the U.S.?)
2007-01-20 09:46:41 · answer #1 · answered by Anonymous · 1⤊ 0⤋
For settlement, he should make the first offer. Then you can make a counter offer. You shouldn't give him a long time to pay. It must be paid in full in certified funds before the court date. Otherwise, plan to go to court. The letter should say no more than if he wishes to propose a settlement offer, you are willing to give it careful consideration, but he must communicate his offer to you no later than (your deadline date--allow sufficient time for a counter offer), and that any offer should provide for payment to you by certified check. (Also, check with the court clerk in advance to try to get some info. about what will happen if he's a "no show" at the hearing.)
2007-01-20 10:05:34 · answer #2 · answered by Latrice T 5 · 0⤊ 0⤋
Don't budge on your judgement. Go to the hearing, If the court allows a mediator or independent negotiator go with that.... otherwise get a copy of his asset list and make a believer of him... get a writ of possession from the court for whetever may satisfy your monitary amount.... Bet he wakes up then...
2007-01-20 10:41:34 · answer #3 · answered by Gunny T 6 · 0⤊ 0⤋
If you can, I would say that the courts is the only way that this will be settled. I know as you say that it takes to much to go thourgh but the courts should put and end to it.
2007-01-20 09:43:42 · answer #4 · answered by Gregory S 1 · 0⤊ 0⤋
My suggestion may be...do no longer perpetuate what you despise. The content textile of such letters isn't the challenge. that's the spreading of any chain letters/unsolicited mail this is the challenge. i may be as probable to get annoyed at a atheist one as a non secular one in common terms because of the fact that's a bloody chain letter.
2016-10-07 11:25:44 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Try the sites below. Make sure to change the location/state in which you reside. Hope this helps.
2007-01-20 09:55:51 · answer #6 · answered by citronge69 4 · 0⤊ 0⤋
Just from reading your question, I would hire an attorney, your grammar and spelling are not that great and you will look silly.
2007-01-20 16:58:48 · answer #7 · answered by Rhode Island Red 5 · 0⤊ 0⤋