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If you get served, and you call for a settlement, can you continue the fight?

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They generally cannot. If you want to send them hard evidence that you owe, admit that you owe, and then say that you want to settle, they may very well be able to use your admission and that evidence against you even though the settlement offer is an offer to compromise. They may not, but it is best to be safe there ;) If they are using the settlement offer to prove something other than you owe the debt, that may be OK to. Both of those scenarios do not match most settlement offers. If I were going to send a settlement offer in a lawsuit, it might start something like this:

Without admitting liability..."


In the interest of avoiding further costly and stressful litigation...

Edited by usagi555
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