Legal Question in Credit and Debt Law in Nevada
Consequences of an attempt to settle a debt
Is it possible to ruin any chances of a law suit or defending one if I attempt to settle a debt with the creditor after a summons to respond to a suit brought against me? The attorney has given me an extension in order to provide a settlement offer to the creditiors, but I am concerned if we cannot agree on the settlement and then go to court, I may have jeopardized my grants for relief. Please advise.
2 Answers from Attorneys
Re: Consequences of an attempt to settle a debt
Settlement communications are legally privileged under Nevada law, so that under most circumstances, they cannot be used by an adverse party to establish liability, upon a timely objection to their introduction into evidence.
http://www.leg.state.nv.us/NRs/NRS-048.html#NRS048Sec105
Your attorney can explain further.
Re: Consequences of an attempt to settle a debt
Most lawsuits settle short of going to court. In other words, attempts at settlement are expected and don't have to be a sign of weakness. Also, offers to settle are usually inadmissible in court proceedings. That being said, as a practical matter, the other side will usually expect you to be held to your last best offer in the future.