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

Answers:

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.


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