If we have filed a lawsuit against a customer that owes more than $10,000 , can we accept a minimal payment before trial?

Asked on August 18, 2015 under Business Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you may, as long as you do not sign anything or send anything in writing, such as by email or text message stating that you are settling the claim for that payment or amount. As long as you don't agree to settle the matter, you may accept partial payments and simply apply it vs. the balance due--e.g. if you had been suing for $10k and received a $1k payment, then if you win the lawsuit, you'll get the remaining $9k.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.