Thread: Sue them... then drop!?

I´ve read several success stories that involve CAs who don´t respond to any of your letters but as soon as you file suit, their lawyers calling up and settling with you.

Can you file the small claims suit, wait for this to happen and if it doesn´t just drop the suit (assuming you don´t actually want to go to court)?

If you do this, and the case would have been deemed frivolous, can they come after you for attorneys fees even though you never went to court?

Originally posted by runawayjim
I´ve read several success stories that involve CAs who don´t respond to any of your letters but as soon as you file suit, their lawyers calling up and settling with you.

Can you file the small claims suit, wait for this to happen and if it doesn´t just drop the suit (assuming you don´t actually want to go to court)?

*If you do this, and the case would have been deemed frivolous, can they come after you for attorneys fees even though you never went to court?

*
No

Originally posted by runawayjim
I´ve read several success stories that involve CAs who don´t respond to any of your letters but as soon as you file suit, their lawyers calling up and settling with you.

Can you file the small claims suit, wait for this to happen and if it doesn´t just drop the suit (assuming you don´t actually want to go to court)?

If you do this, and the case would have been deemed frivolous, can they come after you for attorneys fees even though you never went to court?

Actually, I think things could backfire in a similar way if the defendant files an answer and counterclaim before you drop your suit.

In this situation, I'm not sure if the fact that the plaintiff drops the original case has anything to do with the counterclaim. So even if you drop your original case, maybe the counterclaim could go forward?

Also, I think it's possible for the defendant, if they were so inclined, to sue you in a separate claim for malicious prosecution or something similar and in that case you might be asked to explain why your original suit was not frivolous after all.

Anybody have anything to add?

Good point on the counterpoint cnoob. But the amounts in this case are so small (less than 150) I can´t imagine them doing that.

Any thoughts anyone?

Originally posted by runawayjim
Any thoughts anyone?

Make sure your ducks are in a row and file suit. Push it until they settle or are found guilty.

Much like using a gun, don't point it at someone if you're not willing to pull the trigger and follow through with the consequences.

As others mentioned your bluff could be called and you might be forced to follow through with the action. The best way to approach it is to intend to follow through to begin with and only back off when a satisfactory settlement can be reached.