1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Motion to Set Aside Defaults, settlement letter as exhibit

Discussion in 'Alternative Dispute Resolution' started by smhamdani, Apr 24, 2011.

Thread Status:
Not open for further replies.
  1. smhamdani

    smhamdani Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    I am a Plaintiff in this case. I have defaults on 3 of the 4 defendants. The attorney for the other defendant who has filed an answer has filed 3 motions to set aside the defaults on the 3 defaults. In the attorney declaration he lists and shows as an exhibit a settlement offer letter I sent to him. My questions is, I thought settlement letters can not be used in court. I think he is using the letter to show a time line of events in his motion. I am going to file an opposition to his motions, but I wanted to know if I should include anything on this matter.
     
  2. smhamdani

    smhamdani Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Anyone with input?
     
  3. wisemans_voyage

    wisemans_voyage Member

    Messages:
    71
    Likes Received:
    2
    Trophy Points:
    8
    It seems like the Attorney IS representing ALL Defendants! You say an Answer has been filed? Well...it is a bit peculiar that this Attorney has filed 3 motions to set aside Default. Do all 4 Defendants have different allegations against them requiring the need for 4 different Answers? Please give more specifics to this interesting case.
     
  4. smhamdani

    smhamdani Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    No different allegations. The attorney only represented one client when he filed the answer. He is now representing the others and wants to file answers for them. Claiming no courtesy notification and mainly that his other clients thought their interest were protected by the one client filing an answer.
     
  5. wisemans_voyage

    wisemans_voyage Member

    Messages:
    71
    Likes Received:
    2
    Trophy Points:
    8
    If all allegations pertain to all Defendants then I'm sure one answer will suffice. Filing a Default usually doesn't work when the Defendants oppose it. So just continue on to your CMC where the judge will talk to you and the Defense Attorney about how your cases will proceed.
     
  6. smhamdani

    smhamdani Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    They have to file individual answers to the complaint. The defaults are good. I will file an option to their motion and see what happens.
     

Share This Page

Thread Status:
Not open for further replies.