Settlement Offer

neil5623 · 12-20-2007, 01:55 PM

I plan next week on sending to a potential defendant a copy of an Original Complaint along with a letter saying something like

"Enclosed is a copy of an OC against your firm. I wish to discuss a settlement with you. I will proceed with filing in 20 days if I have not heard from you. You may call me at...."

This will be sent to their corporate counsel, or equivalent.

Comments, please?

stargazer0725 · 12-20-2007, 03:30 PM

Just my opinion, Neil, but stating you "wish to discuss a settlement" comes across a tad bit weak.

I would approach it a bit different and firmer. Something like, "Attached is a copy of the OC that will be filed in XXX Court, on January XXX against XXX. If you wish to settle this matter prior to filing, you may contact me at XXXX.

You should always be prepared to file suit before you threaten, so take a firm stance if you're going to stand.

Enigma · 12-20-2007, 09:55 PM

I would not send the complaint.

Just send a simple outline of their violations. Add something like, " in order to save time and the expense of litigation, I will entertain an offer of $xxxx.00. Respond within xx days".

neil5623 · 12-21-2007, 12:16 AM

Quote:

Originally Posted by Enigma

I would not send the complaint.

Just send a simple outline of their violations. Add something like, " in order to save time and the expense of litigation, I will entertain an offer of $xxxx.00. Respond within xx days".

K, in addition to less postage, what would be the benefit of not sending the complaint? Actually I thought of doing something like this thinking sending the complaint would give them a heads-up, but then decided that reason would not make any difference.