need quick answer

Status
Not open for further replies.

inthenews

New Member
I want to pay plaintiff what they asked through the court, but do not want to negotiate. How can I title a response to the court asking the court to decide the case is final?
 
I want to pay plaintiff what they asked through the court, but do not want to negotiate. How can I title a response to the court asking the court to decide the case is final?

If you are the defendant in a civil case and are now ready to meet the demands of the plaintiff, you reach out to said plaintiff or the plaintiff's attorney.
You advise the applicable party that you are willing to settle, pay their demands in full, and close the case.
The plaintiff will normally then motion the court to withdraw the lawsuit.
Before they do that, however, its best to get EVERYTHING in writing, signed by the plaintiff and the defendant.
You also can simply appear in court and advise the plaintiff (or his or her attorney) that you now wish to acquiesce to their demands.
You can sometimes tell the judge in open court that you now wish to settle.
It all depends before which court the proceeding is being litigated.
Try contacting the plaintiff or the plaintiff's attorney with your change of heart.
 
There was no change of heart, as Defendant did not know anything of this case before it was served. Defendant doesn't want to talk with Plaintiff or Plaintiff's attorney. Can't it just be done through the court. The payment made in the amount requested to the court?
 
There was no change of heart, as Defendant did not know anything of this case before it was served. Defendant doesn't want to talk with Plaintiff or Plaintiff's attorney. Can't it just be done through the court. The payment made in the amount requested to the court?


You'll have to inquire of the court.
Usually the court won't respond, as that is unethical (ex parte communications).
You can hire an attorney to arrange this for you.
Or, you can appear in court and direct your remarks to the bench.
This depends on what type of court proceeding (small claims is very informal), but one will normally be allowed by the court to "be heard".
If allowed, that is one way to acknowledge your willingness to pay.
If an answer is required in a proceeding, they usually are, simply respond by admitting to every pleading and acknowledge your willingness to pay.

Be warned, its bigger than the defendant's $500 or $5,000, if they have an attorney.
It could mean you paying their attorney's fees, costs, expenses, etc...
Before you rush things, it might be best to seek the advice of YOUR attorney.
You could end up agreeing to pay more than you know for longer than you expect.
It might also open you up to other plaintiffs.

No need to comment further, or explain, good luck.
 
If you don't want to talk to the plaintiff or the plaintiff's attorney re settling in full, get an attorney to do it for you. Talk to your attorney about your options.
 
Status
Not open for further replies.
Back
Top