Legal Question in Civil Litigation in New York

SmallClaimsCourt

I intend to sue a party in small claims court, but I suspect that the party will want to settle in full. Can I refuse the settlement offer and opt to have my day in court instead?


Asked on 3/30/09, 3:01 pm

1 Answer from Attorneys
Jason A. Richman Jason A. Richman, Esq.

Re: SmallClaimsCourt

A settlement is a voluntary act. It cannot be forced. However, if a payment in full is offered, fully satisfying you damages as specified under the complaint, and you refuse the offer for no reason other that wanting your day in court, then going to court will only work to your detriment.

Jason A. Richman

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Answered on 3/30/09, 3:33 pm


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