Small Claims Settlement Question

[senescence]

Hi,

I've taken a small claims case against a firm. The hearing is in 5 weeks and today the firm made an offer that I find acceptable (months ago they made an offer tha I rejected and gave the a figure I would accept which is what the new offer is). They have sent me a consent order and schedule to sign that they will then send to the court and then pay the settlement. I have some concerns though and was hoping someone could give me some advice.

1) The consent order has two parts. One that all proceedings be stayed except for the terms in the Schedule (which seems fine) but the second part says, "No order save as to costs". This reads to me like there is no order in the case except for costs (should they decide to pursue me for them). I can't find any references to this phrase online so can anyone explain what it means and what it exposes me to?

2) They have stated in the Schedule that they will pay by a certain date. However that date is only a few days before the hearing. If I sign this and send it back what's to stop them ripping it up and waiting for me not to file my papers 2 weeks before the hearing and effectively miss the hearing? I'm planning on rewriting this to move the payment date to 21 days before the hearing and insisting they copy me into their correspondence with the court. Is this reasonable?

3) I might be paranoid here but they have really dragged their heals in this case and have claimed that documents sent to the court went missing (might be true!). At the beginning of this letter they say they are disappointed that I did not respond to their previous offer of the new amount. I never received this offer. I will obviously state this in my reply but I'm worried their setting up a story to suggest I rejected a reasonable offer should it get to trial.

That's it - sorry for the length - hope someone can help.

[ostell]

Re: Small Claims Settlement Question

If the settlement is acceptable then I would write back to them saying that the sum is acceptable and define any other conditions, and if you receive cleared funds within, say, 10 days and they agree to the conditions then you will withdraw proceedings. Put in that each side will meet their own costs etc. If you receive the money then you withdraw your case (and get the hearing fee back perhaps!). You, as the claimant, are in control.

They look as though they are trying to set you up to claim their costs from you as you will have withdrawn from the case at a late stage.

Well that's my view. No doubt others will be along.

[nemesis45]

Re: Small Claims Settlement Question

If the consent order is accepted and sealed by the court it is binding if the defendant fails to pay in time you can seek summary judgement.