Will offer to settle help JDB's case after Summons?

[Happybluesky]

Summons involving JDB - Portfolio Recovery Assoc. - (or possibly, an attorney, unclear as of yet). This is a situation where they have no case, and is a good candidate to answer Summons as per this website. On the other hand, other side just made a settlement offer, just not a very good one. Since there has already been a Summons, and there is no way to know in advance whether this will actually go to trial, would it hurt our potential case by making a counter offer to settle. In other words, in court we would claim that we owe no money to the JDB/attorney, but it would seem that this argument might be inconsistent with having made an offer to settle (in writing, which could be produced in court). It would be lovely to settle for 10 cents on the dollar, and we have over two weeks left to answer the Summons, but would attempting to settle now put our case in peril should the settlement fail and case go forward?

I am working on this for a friend very new to this business (even newer than myself!). My thinking on a settlement would be to have her write JDB/attorney with a settlement offer, including information making it obvious that she knows they have no case, how they work, what she might ask in discovery, and so on, but she would still be willing to settle, as an expedient only. They make a profit, she pays a relatively small amount, and the case goes away for both parties.

What would YOU do?

Edited September 20, 2010 by Happybluesky
Correct grammar

[willingtocope]

Me, personally...I would never pay a JDB a penny unless ordered to by a court. If you settle with them out of court...even if you are very careful to get everything in writing,,,you cannot trust them to abide by the agreement. Afterall, their business model is built on intimidating people into doing things they might not legally be required to do.