If you are involved in litigation and receive an Offer of Judgment, what should you do? If the offer is high enough, you may simply want to accept it. It may make more sense to accept the Offer and save yourself the stress and expense of going forward with litigation.
If you are not inclined to accept the Offer, it is important to scrutinize it for any defects. If you find defect and timely object, you likely will not be sanctioned even if you eventually receive less than the Offer of Judgment amount. However, it is vital that you timely object, as the failure to so will act as a waiver of any objections.
Under the law, you typically have thirty (30) days to either accept or object to the Offer of Judgment. However, if the Offer of Judgment is submitted within sixty (60) days of the service of the initial Complaint, then you have sixty (60) days to either accept or object to the Offer. If the Offer of Judgment is submitted within forty-five (45) days of the start of a trial, then you only have fifteen (15) days to accept or object to the Offer.
The grounds to object are highly varied and complex, so it is best to consult with your attorney should this issue arise.
Michael L. Kitchen
Disclaimer: This blog is for information purposes only. Legal advice is provided only through a formal, written attorney/client agreement.