Legal Question in Appeals and Writs in Virginia

We lost in small claims court and an appeal court. They paid $1,150 to have a truck painted, and sued for $3,500 and was awarded it. My attorney said I have a case for the appeals supreme court, but to avoid expenses, I thought about writing the plaintiff to offer $1,500 settlement. I was going to write a letter and a check with "by cashing this check you accept the $1,500 settlement offered". Would this be ok or should I not send the check? I thought the check would be more enticing.


Asked on 4/05/17, 11:53 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

No. That risks that they cash the check and still reject the settlement, or that they don't cash the check but you have just provided them the information they need to garnish your bank account. Better to just make the offer, which of course will be contingent upon your actually paying them in good funds.

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Answered on 4/05/17, 6:42 pm


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