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  Posted to group - Legal Answers    <<Previous    Next>>

Example of SETTLEMENT PROPOSAL & REQUEST FOR CONTINUANCE ON ANSWER ltr

During the 15 minute consultation with Ask-A-Lawyer it was suggested to propose a settlement letter. I do not want to go after the house or 401k retirement. I am requesting rehabilitative support with 6 months rent paid and lump sum settlement.

I am typing a

RE:  SETTLEMENT PROPOSAL & REQUEST FOR CONTINUANCE ON ANSWER (do I also include the verbiage - Counter Claim, Opposition, & Counter Motion in the title or body of the letter?) or should I just type the verbiage, post-pone Answer to Complaint? or type: Answer and Counter Claim to Complaint and Opposition and Counter Motion to Motion?

 

Please tell me where I can view an example online. I am typing the letter tonight and will be mailing to my stbx Attorney tomorrow (certified). I do not have my stbx address, do I need to mail or deliver a copy of this letter to anyone else?

Thank you in advance for your reply.

 


by lgoodgal   1036 Posts 
Posted on 10/17/2008 9:46 PM
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Answers for "Example of SETTLEMENT PROPOSAL & REQUEST FOR CONTINUANCE ON ANSWER ltr"  (8) (You must be logged in to answer)




you don't have to title the letter anything - I mean you can put at the top "settlement proposal" if you want as a RE: - but the attorney is going to know what it is. You don't have to get so verbose.

 

You could even just call and ask for a meeting in his office as an unofficial off the record settlement discussion - being that you are your own attorney, he has to speak to you as if you were on his equal ground and avoid the letter completely as it is just going to take more time.

 

up to you....

by spaznskitz   7745 Posts
Posted on 10/17/2008 11:28 PM
1





Thank you Spaz - I appreciate your response.
by lgoodgal   1036 Posts
Posted on 10/17/2008 10:33 PM
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I agree but don't know if I can afford to do that or not afford to get a paralegal. I am going to ask family for a temporary loan or take a chance and send the letter.
by lgoodgal   1036 Posts
Posted on 10/17/2008 10:22 PM
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Do I have the right to write my own letter to his attorney or at least call to see if they are willing to work out something with me?
by lgoodgal   1036 Posts
Posted on 10/17/2008 10:13 PM
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I am preparing the Answer, Counter Claim, Opposition, & Counter Motion just in case. I have a total of 16 more days to respond.
In the letter to his Attorney I will be requesting a response by October 27th and will call the Attorney's office on the 28th to find out if they rec'd the letter, read the letter, and where are we at? If there's anything we can do to settle out of court.
by lgoodgal   1036 Posts
Posted on 10/17/2008 10:00 PM
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That makes complete sense to request continuance from the court. Should I remove that verbiage and replace with
RE: REQUEST NEGOTIATION TO COME TO A SETTLEMENT WITHOUT COURT OR FORMAL MEDIATION

by lgoodgal   1036 Posts
Posted on 10/17/2008 9:56 PM
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The verbiage the Ask-A-Lawyer is
RE: SETTLEMENT PROPOSAL & REQUEST FOR CONTINUANCE ON YOUR ANSWER.
I assumed your Answer is regarding me.
This is a letter to my stbx Attorney trying to propose a settlement so we don't have to go to court & an extension on my response (Answer). I don't know if I should include all forms I would have to submit within the 20 day time frame (Answer, Counter Claim, Opposition, & Counter Motion).

They recommended I send this letter tomorrow certified mail so the Attorney would receive on Monday.

I do not have any $ coming into the home and savings is almost dry. I am still looking for employment and attempting to be my own attorney. I understand I can request an Attorney to be on even foot with my stbx from the Judge.
We wanted to try and see if they are willing to negotiate something to avoid legal cost and time.
by lgoodgal   1036 Posts
Posted on 10/17/2008 9:53 PM
0





are you typing a letter or a motion? Because what you are talking about are two different things.

You don't request a continuance from the opposing counsel, you request it from the court.

 

A settlement letter is just a letter to the opposing counsel stating what you desire out of the divorce - it's negotation to come to a settlement without court or formal mediation.

If you are doing a motion, you file it with the court and send a copy to the opposing counsel, if it is just a letter, you just send it to the attorney.

 

I seriously think you need to consider retaining a paralegal service to help you out.

 

 

by spaznskitz   7745 Posts
Posted on 10/17/2008 9:25 PM
0







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