After a motion for summary judgement has been filed is it too late for me to negotiate a settlement with the plaintiff credit card company?

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After a motion for summary judgement has been filed is it too late for me to negotiate a settlement with the plaintiff credit card company?

I was sued by credit card comp for default on my credit card agreement. I was served papers. I responded to the suit, interrogatories and admissions. I would like to settle the matter because I now (recently) have access to funds and can immediately pay 25%. What is the best way to approach plaintiff’s attorney?  I wish to avoid a judgement and/or bankruptcy.

Asked on January 17, 2012 under Bankruptcy Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is never too late to settle--you can settle even as the jury is deliberating.

The best way to approach plaintiff's attorney is the most straightforward: simply call him or her, and offer a deal. If you can pay 25%, try offering 15 or 20% initially--leave yourself some room to go up. You could also initially send a written offer, though I personally find that discussing matters on the phone often leads to a better outcome.


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