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  1. #1

    Default Does a Law Firm Have to Communicate All Settlement Offers to Its Client

    My question involves collection proceedings in the State of: New York

    I live in NY; bank is in another state. they hired a law firm 4 hours north of my area of NY to sue me for $14,000. I offered lump sum $5000. They countered with ca. $9,000 saying that or no deal. Are they supposed to communicate a counteroffer if I say I could do a lump sum of say $7k? I don't have the amount they want and I have until tomorrow to get the original amount or they say basically see you in court.

    It wasn't an attorney who answered me but a rude paralegal. Should I contact the cc co. with my own counteroffer if law firm says no way?
    by the way most of my income is exempt, not much to garnish, but still trying to avoid a judgment. And when laywers make deals in the halls before the court case do they actually expect cash or do people bring a certified check? They risk getting very little over a very long period of time otherwise. Still, I
    d rather settle now. thank you!

  2. #2
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    Default Re: Does a Law Firm Have to Communicate All Settlement Offers to Its Client

    They don't have to run back to their client with every offer. Odds are they are already authorized to settle your claim within a defined range. No, they have no obligation to counter-offer, or even to offer you so much as a single penny off of the amount you owe.

    If this is the credit card company's law firm, and the credit card company has its act together, they're going to refer you to their legal department or to the law firm if you try to discuss your debt with them. Still, the only way to find out what will happen if you attempt direct contact is to try it and see.

  3. #3
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    Default Re: Does a Law Firm Have to Communicate All Settlement Offers to Its Client

    Quote Quoting betterthanIdeserve
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    My question involves collection proceedings in the State of: New York

    I live in NY; bank is in another state. they hired a law firm 4 hours north of my area of NY to sue me for $14,000. I offered lump sum $5000. They countered with ca. $9,000 saying that or no deal. Are they supposed to communicate a counteroffer if I say I could do a lump sum of say $7k? I don't have the amount they want and I have until tomorrow to get the original amount or they say basically see you in court.

    It wasn't an attorney who answered me but a rude paralegal. Should I contact the cc co. with my own counteroffer if law firm says no way?
    by the way most of my income is exempt, not much to garnish, but still trying to avoid a judgment. And when laywers make deals in the halls before the court case do they actually expect cash or do people bring a certified check? They risk getting very little over a very long period of time otherwise. Still, I
    d rather settle now. thank you!
    I fail to understand why you would mistakenly think that any communications between the party suing you and its legal counsel is any of your concern? Or that the plaintiff is under some obligation to accept or reject an offer of settlement or make a counteroffer.

    The only way you could be assured that any proposal from you would be conveyed from the attorneys to its client is if you were to file and serve a Rule 68 Offer of Judgment, which becomes a matter of public record.

    And even that requires no formal acceptance or rejection by the plaintiff. Its only value would be if the judgment eventually rendered was less than the offer. Which, inasmuch as you are being sued for a fixed amount based upon contract and not a non-liquidated claim, is most unlikely.

    You are coming on here as if you are holding all the face cards and in truth don't even have openers.

  4. #4
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    Default Re: Does a Law Firm Have to Communicate All Settlement Offers to Its Client

    Even if we were to imagine there was a duty, the duty would not be to you.

  5. #5
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    Default Re: Does a Law Firm Have to Communicate All Settlement Offers to Its Client

    The duty of an attorney to convey to his or her client offers of settlement from the opposition is not imaginary!

  6. #6
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    Default Re: Does a Law Firm Have to Communicate All Settlement Offers to Its Client

    Nor is the fact that law firms handling collections often have agreed target settlement ranges that allow them to avoid running to their clients throughout a negotiation. Law firms retained to handle the collection of credit card accounts will typically get a large number of cases, not just one, and they usually have pretty clear parameters with their clients about their settlement authority.

    Welfarelvr is also correct -- if we were to assume that the law firm violated its duty to its client, that would not help betterthanIdeserve because the firm's duty is to its client, not to the debtor.

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