Legal Question in Credit and Debt Law in California

Partial Settlement - Small Claims Question

I am plaintiff in a small claim case - defendant has offered partial payment pre-trial. Does it hurt the small claim filed to accept a partial payment? Does the claim need to be re-filed for the balance?


Asked on 7/06/09, 4:13 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Partial Settlement - Small Claims Question

There is no need to refile with a reduced claim. At the trial, just tell the judge up front about the payment so the defendant gets the proper credit if a judgment is entered.

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Answered on 7/06/09, 4:17 pm


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