I am being sued for breach of contract, how do I reach a fair settlement?

Dear Sir/Madam:

If you are being sued in IL, please contact me for a Free Consult.  Thank you.  Best Regards,

Peter S Grain Esq  Tel 847-843-2920  Fax 847-843-3626  Email iccgrain@aol.com  POB 3517 Barrington, IL 60011  http://internationalcreditcorp.homestead.com

Well, the best option is to consult with a local attorney who handles defense of contract claims to determine what defenses you may have available to you.  If you fail to appear and defend the allegations of the lawsuit, you will lose by default - so, whatever else you do, don't ignore the summons.  My firm defends breach of contract claims, if you would like a consultation.

Now, as for settlement - you can always contact the Plaintiff's counsel to offer a settlement - the best offers are accompanied by evidence supporting your position - but early settlement is not always possible.  If you and the Plaintiff are far apart in your numbers, settlement may be impossible.  For any settlement to be successful, you would generally need to pay a lump sum payment, and your settlement would need to be close enough to the amount in controversy that it's worth the plaintiff's while.

Ultimately, like with any negotiations, settlement negotiations have no hard-and-fast rule--neither party has to agree to a figure or amount they don't like. In terms of how to improve your chances of a successful negotiation:

1) If their figure is too high, why is it too high? Without anger, come out with solid, back-up-able reasons for why it is too high. Try to demonstrate objectively to the other side why what their asking for is too much.

In regards to this, note that in contract actions, parties can generally get damages or losses flowing directly from the breach of contract, such as the cost of replacement services. They can't get things like "emotional anguish" or "punitive damages," or costs not directly and foreseeably linked to the breach.

2) What do you proposes, and why? Support it with documentation, what you feel an appropirate amount is.

3) If hardship is an issue--you literally *can't* pay that much--it's ok to bring it up; you can't get blood from a stone, after all. However, be prepared to document your income, assets, and expenses to prove it's a hardship.

4) Accept that best case, you will still pay more than you like--you'll end up settling (hopefully) somewhere in the middle. So don't go in expecting to win everything.