ED, Judges, and Debts


#1

Dear alljams:

Greetings. Let me introduce you to a wonderful litigation tool called the “Offer of Judgment.” Talk to your attorney about making an offer of judgment.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thanks Janet, why aren’t you in Iredell county ??

I’m assuming an “Offer of Judgment” means that I get my attorney to write up an offer to accept all debts, she signs, (hopefully) and when it goes to trial, the judge then divides all assets ? Does this count in my “favor” or is it a done deal and the judge only sees the issues before him ? I don’t want to waste the judges’ time on debts no one can agree on, but I haven’t received anything throughout any of this, and she’s gotten quite a bit through “partial” ed settlements.

Thanks again


#3

Dear alljams:

Greetings. We are currently in Wake and Mecklenburg counties…and who knows when/if we will be in Iredell County, but I wish we were everywhere that we are needed!

Now, an offer of judgment comes under Rule 68. An offer of judgment must be made at least 10 days prior to a trial, but should be done as soon as possible in my opinion. If you are defending a claim, you can make an offer of judgment. If the offer is accepted, then the matter is resolved. If the offer is rejected, and the party rejecting your offer gets less in court than you offered in settlement, then they must pay all the costs incurred after the offer was made. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Hi Janet and Forum Members,

My ex will not settle with ANYTHING, even though in mediation I was willing to accept all remaining household debt.

In an ED trial, I’m assuming a judge will take all remaining assets as well as debts and divide them equitabily, depending on the circumstances. Will it help make matters better if I once again try to accept all remaining debt ? I just want this over.

Thanks again…Will let you know how this turns out…