In the world of law, every case presents its unique challenges. Sometimes, what appears to be an open-and-shut case can take a turn for the better when an attorney listens closely to their client and explores all possible legal defenses. In this real-life debt lawsuit example, we share the story of how our law firm turned the tide in a tuition payment dispute that initially seemed like there was no solution for our client.
This is a case involving a Technical School suing a Defendant for an alleged breach of tuition payment. Our client had previously been represented by another attorney who saw no legal defenses to the case. However, upon reviewing the details, one of our debt defense attorneys discovered a crucial detail: our client had made a substantial payment of $2,000.00 to the Plaintiff as a gesture to settle the case. To our surprise, the Plaintiff chose to go ahead with the lawsuit despite this payment on the questionable grounds that the payment was a payment made toward the outstanding balance.
The primary challenge in this case was to prove that our client's $2,000.00 payment to the Plaintiff was indeed a settlement payment rather than a simple partial payment toward the overall debt. This distinction was critical in determining the outcome of the case.
To achieve a favorable outcome for our client, we took a strategic approach. We raised the affirmative defense of accord and satisfaction in our client's answer to the lawsuit. Accord and satisfaction can serve as a complete block to debt recovery when two conditions are met: first, both parties must mutually intend to settle an existing dispute through a new agreement, and second, the new agreement must be performed to the satisfaction of both parties.
In this case, we argued that the Plaintiff's acceptance of our client's $2,000 payment demonstrated mutual intent to settle the dispute. This payment was made in response to a dispute regarding the amount and enforceability of the debt, leading to an agreement for a one-time lump sum payment. Our client fully performed his duties by making this payment, which the Plaintiff accepted willingly. Therefore, both elements of accord and satisfaction were satisfied.
Our firm's argument based on accord and satisfaction led to a compelling case against the Plaintiff. Opposing Counsel repeatedly tried to convince our client to accept a low settlement offer, all of which our client wisely declined. Ultimately, just before the trial, Opposing Counsel voluntarily dismissed the lawsuit against our client, and our client did not have to pay anything.
This case highlights the importance of attentive listening and exploring potential legal defenses. Our main piece of advice to anyone facing a similar situation is simple, but crucial: always present the details of your case to your attorney as thoroughly as possible so that you have a better range of legal defenses to apply. Additionally, this case highlights the benefits of great communication between attorney and client. Remember: great communication is a 2-way street where the speaker and listener both do well at their roles.
The success in this tuition payment dispute case was a result of our client’s commitment to being open to exploring every possible legal avenue. On our part, by diligently listening to our client's story and pursuing the defense of accord and satisfaction, we were able to secure a favorable outcome. This case serves as a reminder that in the practice of law, it is essential to look beyond the surface and seek innovative solutions to achieve justice for our clients. That’s exactly what we focus on here at Borell Law. If you or someone you know is being sued, please call us at 305-514-0500 to review the case in a free consultation. And remember to follow our Socials @BorellLawOffices for more real case examples like this one, weekly tips/advice articles and much more!
