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filing a motion, claim vs offer

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  • filing a motion, claim vs offer

    I need same advice please....

    I need to file a motion to change SS based on the review clause.

    I will ask the courts that SS will stop, the other side probably to continue. "$0 vs lots"

    I will however make an offer, and I believe it will be a good one.

    Now how does it work about "winning " the court case?
    1.) Will the courts say "other side won, court ruled she gets 100$" he asked for $0
    2.) or will the court say "court ruled she gets 100$, but he offered $150 so the offer was better"

    thank you all in advance

  • #2
    Costs aren’t really determined until trial. Saying you want costs is more of a threat to settle.

    If you have a review clause and the other side hasn’t really done much to get themselves self sufficient, make your offer and say you won’t ask for costs if they agree. If they don’t agree you go for costs on a full indemnity basis.

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    • #3
      rockscan, thank you!

      but is the win/lose trial based on what I ask the courts or what I offered to begin with?

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      • #4
        You should always make an offer. The costs issue is an incentive to settle. You probably won’t get costs but ask for them anyway.

        Someone with more experience in ss will weigh in on what forms to file. It may be a motion to change, it may not be.

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