Results 1 to 10 of 21

Hybrid View

  1. #1
    Join Date
    Feb 2020
    Posts
    750

    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Quote Quoting Taxing Matters
    View Post
    Once the lawsuit is filed, sure, judges often try to get the parties to settle it if they can. But there is no general requirement that a defendant reply to the plaintiff's demand before the lawsuit is filed. In some small claims courts it's important for the plaintiff to send a demand prior to filing a lawsuit, and that may be what you had in mind. But bear in mind here that the OP isn't the one making the demand.
    Though the small claims paperwork may require that a demand letter be served prior to filing the lawsuit, that is not what I had in mind. I said that the judge, prior to the actual trial, will require both parties go out into the hall and try to settle it.

    I am aware of it. But again, there is no responsibility for the defendant to respond before being served the complaint. He can ignore the former employer's out of court demands if he wishes and it won't hurt him. Of course after he is served the complaint he must respond and should the judge order a settlement conference, which is common, he'd need to at least participate in the conference. He need not agree to anything in that conference, however.
    If a small claims lawsuit is pending, as the OP is concerned with, the right advice IMO would be to at least communicate with the (would be) plaintiff. I simply said that "ignoring them or hiring a lawyer" is very poor advice.

    Yes, actually. Because the other side would not settle for what was offered, and I believed that while we would lose, the judgment would be less than what government was demanding. And, I was correct. So while we "lost" in the sense that the court found for the government, I saved my client a whole lot of money by getting a decision for much less than what the government wanted.
    Cutting a loss in half is not "losing."

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Quote Quoting Harold99
    View Post
    Though the small claims paperwork may require that a demand letter be served prior to filing the lawsuit, that is not what I had in mind. I said that the judge, prior to the actual trial, will require both parties go out into the hall and try to settle it.
    Your small claims court judge, in your area, does that. The judge in my small claims court does not, and not in any other small claims court in my county either. So, unless you have been in the majority of small claims courts, in the majority of counties, in the majority of states, you cannot make that claim.


    If a small claims lawsuit is pending, as the OP is concerned with, the right advice IMO would be to at least communicate with the (would be) plaintiff. I simply said that "ignoring them or hiring a lawyer" is very poor advice.
    Many people disagree with you about that. Sometimes it is better not to engage in the nonsense in the first place. Particularly when people are making ridiculous demands.



    Cutting a loss in half is not "losing."
    It is technically losing, but I agree that for all practical purposes it is not.

  3. #3
    Join Date
    Feb 2020
    Posts
    750

    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Quote Quoting llworking
    View Post
    Your small claims court judge, in your area, does that. The judge in my small claims court does not, and not in any other small claims court in my county either. So, unless you have been in the majority of small claims courts, in the majority of counties, in the majority of states, you cannot make that claim.
    Which applies to your advice and observations too.

    Many people[here] disagree with you about that. Sometimes it is better not to engage in the nonsense in the first place. Particularly when people are making ridiculous demands.
    Ya, sometimes. But sorry, I am not as afraid of folks as 'many people' here are.

    It is technically losing, but I agree that for all practical purposes it is not.
    Not it isn't if, say for example, you asked the IRS to reduce a tax bill by 50% and they refused, but after trial the court orders that reduction. So it is technically and practically a win.

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Quote Quoting Harold99
    View Post
    But sorry, I am not as afraid of folks as 'many people' here are.
    Maybe you should be and you wouldn't spend so much time in court losing.

  5. #5
    Join Date
    Feb 2020
    Posts
    750

    Default Re: How to Respond to a Demand for Payment Email I Don't Owe

    Quote Quoting PayrolGuy
    View Post
    Maybe you should be and you wouldn't spend so much time in court losing.
    You need to go outside and get some fresh air.

    I'm heading out to ride about 50 miles with about 3,000' of climbing. I'll dedicate 10 miles to you since it sounds like you haven't gotten any exercise in a long time.

    1. Sponsored Links
       

Similar Threads

  1. Embezzlement: How to Respond to an Employer's Demand for Restitution After Embezzlement
    By iamnotacrook in forum Criminal Charges
    Replies: 7
    Last Post: 07-14-2018, 04:33 PM
  2. Replies: 1
    Last Post: 03-21-2017, 09:27 AM
  3. Retail Fraud / Shoplifting: Should You Respond When Contacted to Pay a Civil Demand
    By jturner40 in forum Criminal Charges
    Replies: 3
    Last Post: 03-03-2017, 09:29 PM
  4. What Does Payment on Demand Mean
    By larbec in forum Debts and Collections
    Replies: 1
    Last Post: 12-09-2016, 08:58 AM
  5. Copyright Law: How to Respond to a Cease and Desist Email
    By The Month of March in forum Intellectual Property
    Replies: 1
    Last Post: 03-08-2013, 08:19 PM
 
 
Sponsored Links

Legal Help, Information and Resources