Re: Settlement in writing but they re tracted
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Posted by Tim
(66.91.144.122) on January 15, 2004 at 19:39:55:
In Reply to: Settlement in writing but they re tracted posted by cherub on January 15, 2004 at 09:45:48:
The enfrocement of the settlement depends upon a number of things. If the ca was in fact the lawyer for the cc and had authority to bind the cc, then his offer is good. You still need an acceptance. For example, if you sent the ca a written offer and he send you a written acceptance of your offer, then you have a binding settlement. Vice versa if they sent you a written offer and you sent them a written acceptance before they withdrew the offer. So it will depend on what you have in writing an the sequence of those letters. If yu let them cash the $3,000, you have a better chance of enforcing the settlement. If you make a stop payment, you have no real chance of enforcing the settlement because you broke the agreement by not tendering liquid funds. Godd luck.
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