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What is next if JDB does not answer my ITS?


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I sent an ITS to a JDB and gave them 30 days to respond. In the past, most people have told me that a JDB would ignore me until I actually filed suit. I kind of have 2 main questions:

1) What do I do if the JDB does answer? Do I need to make a bona fide settlement offer and send it to them, or do they send me one?

2) Once the 30 days has passed and I consider my settlement offer to the JDB rejected, do I then contact a NACA attorney, or is there something else I should do first?

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Yes, I intend to sue. My questions go a little deeper than this.

I really don't expect a response to my ITS but it is entirely possible that they might respond with a counter settlement offer. How is the process finalized?

If we could agree on a settlement amount, how do I make sure that the settlement proceedings are legit. Doesn't the settlement need to be signed and notarized by all parties and how does one do that since the JDB and I are in different locations?

I did a settlement agreement with an attorney involved several years ago concering probate. Each party had to sign enough copies of the settlement so each party could have a copy, have it notarized, and then send a copy to all parties so that every one ended up with a signed and notarized copy which included the signatures of all the parties involved in the settlement.

It seemed a little complicated at the time but the point was that everyone had to have a signed and notarized copy of the settlement before the settlement could be executed.

Would the JDB and I have to do the same type of thing? Has anyone reading this thread completed a successful settlement with a JDB?

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Guest usctrojanalum

If they were to settle, they would probably just want a general release of all claims. And that's one document that does not have to be signed by all parties nor does it have to be notarized, even though it is nice if it is.

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I just received an Email back from a NACA attorney which requested documentation about the violations. I've responded with such as I feel that a NACA attorney could negotiate a better settlement than I could, being that this is my first time.

I'll let you guys know what happens.

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IMO, don't threaten to sue somebody unless you mean it.

exactly.

but to answer OP

1) i think if they respond to your ITS they either say that a)they are not liable and refuse to settle or they say that b)regardless of liability they will settle for xxx amount and you release them from all claims, known or unknown concerning the series of transactions that you claim.

2)IMO if they dont respond in 30 days by day 36 the lawsuit is being filed. (30 days plus 5 extra days for any mail that may have been sent on day 30)

with respect to the settlement:

you send them a settlement demand or they initiate by sending you a settlement offer. once both parties agree you sign a settlement agreement. the settlement agreement usually has a date of execution then it sets forth when payment is due and how much (settlement terms.)

once you both sign, its usually a binding agreement, does not have to be notarized.

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Thanks jackson.

These settlement questions may seem frivolous but I haven't found any threads which specifically deal the mechanics of a settlement. Posters usually just say that, "Well, I settled".

I think that if the NACA attorney wants to take my case that I'll let him process the settlement. I told the JDB in the ITS that I would contact a NACA attorney if they rejected my settlement offer. Nothing precludes me from contacting the NACA attorney a forehand, as I already have, and involving him anyway.

I'll post redacted copies of the forms which are included so that others can follow the process.

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