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how to reject my own settlement offer ???


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I filed a complaint in federal court against two parties, for fdcpa.

they both answered the complaint.

i then sent a settlement offer to both defendants, with an expiration date of may 25, basically saying "Defendant A pays me $xxxx and Defendant B pays me $xxxx and i withdraw my action, etc"

both Defendants got together and sent a response, basically saying they'll pay me much less than what wanted. this was last week.

the game has since changed. on thursday i filed and served an amended complaint, which added two more parties, both of which are subsidiaries of Defendant B. i also included state law violations against all parties.

how do i properly withdraw my settlement offer and send them a new one based on the new circumstances? (the new amended complaint)

im confident that this case will settle if i articulate things correctly. although i have experience sending settlement offers in the past, i have never withdrawn an offer so i need some direction on how to properly withdraw and send a new offer.

thanks.

i was thinking something like

"it is unfortunate that you have been unable to find my settlement offer as an amicable solution to this pending action. in lieu of a response to your proposal and in light of the circumstances surrounding this action i respectfully withdraw my prior settlement offer dated may 2011......"

comments?

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Guest usctrojanalum

You did this via motion right? I'm like 95% positive you can't add parties to a lawsuit after filing/service/answer without leave of Court.

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im not too concerned about the joinder of parties part or adding parties.

but to answer your question i amended my answer as of right, i served the new parties accordingly, and i served the amended complaint on the parties.

i did my due diligence before amending my answer the way i did, but at this time im not too concerned about it. i know most likely i'll face a hurdle with the addition of parties. all good.

my original question remains though

Edited by jackson212
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