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  1. #1
    Join Date
    Apr 2010
    Posts
    2

    Default Settlement Offer Rescinded

    My question involves collection proceedings in the State of: California

    I was in the process of negotiating a settlement on a judgment with the third-party collector (a lawyer). He informed me that his client had countered my offer with a number that sounded like their final offer and I asked to have it emailed to me because this guy was really shady and I wanted everything in writing. Two days later he informed me that the client's offer had been mailed via UPS (which I didn't receive because I was out of town). Then an hour later he sends me an email stating that the offer had been rescinded.

    What I want to find out is whether or not he has to honor the original offer if paid before the deadline? Can a collector just keep making deals and back out at a moment's notice? It's not as though there was any new information about my financial situation he could have gleaned to believe I could pay more, he was just pissy because I asked for everything in writing.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Settlement Offer Rescinded

    They made an offer. You made a counter-offer - that rejects their offer. You then demanded that acceptance of your offer be in writing, and that did not happen. Thus, from what you have told us, it appears that your counter-offer was never accepted.

  3. #3
    Join Date
    Apr 2010
    Posts
    2

    Default Re: Settlement Offer Rescinded

    ^^That is incorrect. He made an offer with a three-week deadline, which he sent to me via first class mail. Approximately 24 hours after he *sent* the letter (but before I received it), he rescinded the offer via email. So now I have in my possession a piece of paper telling me I have three weeks to pay as well as an email saying that offer has been retracted. I'm trying to find out:

    1) Can he make and pull offers willy-nilly like that?
    2) Is he under any obligation to honor the original offer since the deadline hasn't passed yet?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Settlement Offer Rescinded

    1) Can he make and pull offers willy-nilly like that?
    yes


    2) Is he under any obligation to honor the original offer since the deadline hasn't passed yet?
    No. He sent you a notice of termination of the offer before you had accepted it. That is all that is required.

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