Out of court offer

[reagantrooper]

Soc

I am thinking about making an offer to settle the case with my X as it stands now I am ordered to pay her about 7.5K within 90 days. However I have faith the Judge will reduce this to about 5K based on a motion to clarify and I hope give me 6 years to pay based on a motion to modify. Both of which are pending.

I am going argue that 90 days is unresonabl as it is %110 of my net pay for that time frame and that I just dont have the cash flow to do this. Afterall numbers don't lie do they? I do have acess to  $3K on a CC
 
 I want to make a lump sum offer of $3K to make this go away.


1. Can this offer be used against me in court? IE: Well your Honor he offered me $3K last week now he claims he does not have the$$$

2. Wuld you take my offer of $3K NOW or $5K over 6 years knowing that I am on the verge of BR?

[socrateaser]

>1. Can this offer be used against me in court? IE: Well your
>Honor he offered me $3K last week now he claims he does not
>have the$$$

Offers to settle occuring during the pendancy of litigation are not admissible to prove liability, but they may be offerred to prove other issues. Example: You offer to settle for $3K, because you contend that you are insolvent. The offer of $3K is not admissible to prove that you owe $3K, however your statement that you are insolvent could be used as evidence in an action requesting an equitable lien against your assets, on grounds that, only an equitable lien creates a secured interest that will withstand a bankruptcy discharge.

So, what does all that mean? Never offer any REASON for a settlement offer. Just make the offer, and nothing else, because you could find that one extra word can sink your ship.

>
>2. Wuld you take my offer of $3K NOW or $5K over 6 years
>knowing that I am on the verge of BR?

If I believed that you were on the brink, I would be looking for you to tell me that you were gonna file BK, at which point I would ask the court for an equitable lien against your assets. Then I might settle for the $3K.

Or, I might settle for the $3K anyway. LOL! A bird in the hand. It really depends on your opponent's mental perception of the value of $3K.

One thing for sure...if you want $3K, you better start out offering $1,500, otherwise you're gonna get stuck paying $4K!

[reagantrooper]

SOC

I hear ya!!

Thanks for your wise words.

So I will start off with an offer of $1500 and go up to $3K for no other reason than a  good faith effort to resolve this issue.If they take it great end of story.

If they decline and we go to court on the motion to extend the time to 6 years my argument will ONLY be that 90 days is undoable and unreasonable as it is more than I take home for that time frame and it would be in the best interest of our kids if I had 6 years to pay her.

Furthermore my credit is maxed out and I cant get a loan to pay this in the next 90 days.I wont metion my possable BR to the court, her or anyone else.

1. How does this sound to you?

2.If we end up before the Judge and the other side does try to tell the court about my offer. How would you object without dening that you made the offer?

Thanks

[socrateaser]

Um, I think that I will back away, and suggest that if you make an offer, that it be a verbal one only, so there's no evidence. The judge could decide to admit your offer as evidence of ability to pay, rather than to prove liability.

[reagantrooper]

Soc

I am thinking about making an offer to settle the case with my X as it stands now I am ordered to pay her about 7.5K within 90 days. However I have faith the Judge will reduce this to about 5K based on a motion to clarify and I hope give me 6 years to pay based on a motion to modify. Both of which are pending.

I am going argue that 90 days is unresonabl as it is %110 of my net pay for that time frame and that I just dont have the cash flow to do this. Afterall numbers don't lie do they? I do have acess to  $3K on a CC
 
 I want to make a lump sum offer of $3K to make this go away.


1. Can this offer be used against me in court? IE: Well your Honor he offered me $3K last week now he claims he does not have the$$$

2. Wuld you take my offer of $3K NOW or $5K over 6 years knowing that I am on the verge of BR?

[socrateaser]

>1. Can this offer be used against me in court? IE: Well your
>Honor he offered me $3K last week now he claims he does not
>have the$$$

Offers to settle occuring during the pendancy of litigation are not admissible to prove liability, but they may be offerred to prove other issues. Example: You offer to settle for $3K, because you contend that you are insolvent. The offer of $3K is not admissible to prove that you owe $3K, however your statement that you are insolvent could be used as evidence in an action requesting an equitable lien against your assets, on grounds that, only an equitable lien creates a secured interest that will withstand a bankruptcy discharge.

So, what does all that mean? Never offer any REASON for a settlement offer. Just make the offer, and nothing else, because you could find that one extra word can sink your ship.

>
>2. Wuld you take my offer of $3K NOW or $5K over 6 years
>knowing that I am on the verge of BR?

If I believed that you were on the brink, I would be looking for you to tell me that you were gonna file BK, at which point I would ask the court for an equitable lien against your assets. Then I might settle for the $3K.

Or, I might settle for the $3K anyway. LOL! A bird in the hand. It really depends on your opponent's mental perception of the value of $3K.

One thing for sure...if you want $3K, you better start out offering $1,500, otherwise you're gonna get stuck paying $4K!

[reagantrooper]

SOC

I hear ya!!

Thanks for your wise words.

So I will start off with an offer of $1500 and go up to $3K for no other reason than a  good faith effort to resolve this issue.If they take it great end of story.

If they decline and we go to court on the motion to extend the time to 6 years my argument will ONLY be that 90 days is undoable and unreasonable as it is more than I take home for that time frame and it would be in the best interest of our kids if I had 6 years to pay her.

Furthermore my credit is maxed out and I cant get a loan to pay this in the next 90 days.I wont metion my possable BR to the court, her or anyone else.

1. How does this sound to you?

2.If we end up before the Judge and the other side does try to tell the court about my offer. How would you object without dening that you made the offer?

Thanks

[socrateaser]

Um, I think that I will back away, and suggest that if you make an offer, that it be a verbal one only, so there's no evidence. The judge could decide to admit your offer as evidence of ability to pay, rather than to prove liability.

[reagantrooper]

SOC

I am thinking now that I will wait to make any offer untill after the hearing to extend my time to pay. This will remove any chance that they can use it against me in court.

Dispite this offer I want to make. My contention that I cant pay this "judgement" in the time the court has ordered me to is true. I simply dont have the cash flow.

1. Do you think its wise to wait untill after the hearing to make the offer?

2. Can the court or the other side run a credit check on me and use that as proof to my abilaty to pay?

3. Can the court ORDER one to max out or make charges to a CC to pay a judgement?

THANKS

[socrateaser]

>1. Do you think its wise to wait untill after the hearing to
>make the offer?

Coin toss. No advice.

>
>2. Can the court or the other side run a credit check on me
>and use that as proof to my abilaty to pay?

The court could conceivably order you to produce a current report or be found and sanctioned for contempt, either on motion of the other party, or sua sponte (on the court's own motion).

>
>3. Can the court ORDER one to max out or make charges to a CC
>to pay a judgement?

The court can order you to pay or face contempt. If your failure to pay is for child support, then the court can have you imprisoned. If the failure to pay is for attorney fees, the court can only impose more monetary sanctions -- sanctions which you cannot have discharged by a bankruptcy court.