I have already filed a small claims case several weeks ago and the case is scheduled on 9/07/07. Will sending a demand letter to the defendent statingif payment is received before the case than I will dismiss the case help me at all?
I wasn't sure if the judge will be looking for this and/or if it will help me in collecting for the additional costs of filing suit against the defendant (filing fees, supoena fees, witness fees, etc.). I don't want it looking that I didn't try to settle this on my own and thus being stuck with the costs of the case.
FYI - the case is in Colorado and I am suing the defendant for filing false criminal charges against me - recovery of lawyer fees, lost time at work, bond costs, etc. - Thus I didn't think contacting the defendant was a good idea after this had occured.
Thanks for your help!
2007-08-26 15:04:46 · 7 answers · asked by Matt 1 in Politics & Government ➔ Law & Ethics
Per Terri's response I did not list a detail of the specific charges - I only wrote in the small claims notice that she filed false charges - should I send her a letter informing her of the charges and offer her the option to settle this out of court without lawyer fees? Or should I just hold back for now? Thanks.
2007-08-26 15:38:11 · update #1
I think it might hurt you because the other side could use it as evidence as to how unreasonable you are. You could, perhaps, try an offer or whatever so that the other side could avoid court and court fees. It might work. Good luck!
2007-08-26 15:07:38 · answer #1 · answered by Anonymous · 2⤊ 0⤋
You should wait for now. The Judge will listen to both parties and will ask you if you want to proceed with this matter?. At that time you have the chance to offer the defendant for a settlement. Whatever you decide, stay away from lawyers. They will make things wrose (that's how they make their living). On the other hand ask yourself if it is worth the time off from work, filing fees, papers and the emotional drain that comes with these legal issues.
STAY AWAY FROM LAWYERS
Good luck
2007-09-03 14:50:24 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I assume that you have provided a list of the charges in writing before. If not, the judge will certainly be looking for that, as the defendant can claim he wasn't aware of the claim. If you have, the only advantage I see to a demand letter in the interim would be to remind the defendant that you are willing to terminate the suit if he pays. However, that would certainly be implied; and, if he wants to settle, I'd assume he'll contact you.
2007-08-26 15:15:45 · answer #3 · answered by Terri J 7 · 0⤊ 0⤋
The car is stolen. He did not own the car and it was not his to sell to you. You are in far more potential trouble than the disputed payments if the bank finds about it. There is a good chance that some day soon you will suddenly be stopped and arrested for driving a stolen vehicle. Really, you have been renting the car from him for $150 a month and you need to give the car back to him right now and forget about getting your money as you have had the use of the car. Then go buy something else where you get the title.
2016-05-18 22:21:05 · answer #4 · answered by elsie 3 · 0⤊ 0⤋
careful it could get you in trouble.. You might just say that it is still an option to settle this out of court. The less you say the better.. I agree with terri j
2007-08-26 15:15:30 · answer #5 · answered by Joey B 1 · 1⤊ 0⤋
It won't hurt, but I don't think it will help either.
Just so long as your demand letter did not state that you were threatening legal action if you did not get paid.
I think this is clear, in that you filed for the claim first.
2007-08-26 15:09:22 · answer #6 · answered by The Cythian 3 · 0⤊ 0⤋
Just let the court decide how much you be given reparation if you win. If you don't re appeal.
2007-09-03 11:25:18 · answer #7 · answered by Brian_Galang 4 · 0⤊ 0⤋