Legal Question in Credit and Debt Law in California

Settlement Offer

What is an attorney's duty in regards to a settlement offer made to him?

Fours day before the court date I faxed a settlement offer to the attorney representing a collection agency. He did not acknowledge the offer. I also left a message on his answering machine telling him that I could not appear in court because of my obligation to my business plus the fact that I had injured my back. He did not acknowledge the message, either.

He went to court and got the judgement.

Was he or was he not obliged to respond to me about the settlement offer? If so, what can be done at this point?


Asked on 4/15/02, 4:21 pm

3 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Settlement Offer

He is obligated to transmit the offer to his client but he is not obligated to respond to you at all.

Read more
Answered on 4/15/02, 4:58 pm
Larry Rothman Larry Rothman & Associates

Re: Settlement Offer

The attorney must convey the offer to his client. He should advise you of his clients' rejection, but does not have to.

Read more
Answered on 4/15/02, 5:26 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Settlement Offer

The attorney is obligated to tell his client about the offer, but there really is no way of telling whether he ever communicated the offer to his cleint or not as he does not have to disclose this info to you. As far as the judgment goes, the law says you can set aside a judgment due to excusable neglect. As you were unable to attend trial due to a medical necessity and as you tried to communicate this fact to opposing counsel who refused to return your attempts to communicate, you can probably set aside the judgment and have your day in trial. Contact me if you would like some help doing this.

Read more
Answered on 4/15/02, 5:27 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California