Mississippi Offer of Judgment
What is this form?
The Offer of Judgment is a legal document used in the State of Mississippi. It is sent to the plaintiff, inviting them to accept a judgment against the defendant within ten days. This form serves to potentially settle a case without further litigation, distinguishing it from other settlement agreements by its binding nature if accepted timely.
Main sections of this form
- Identification of the parties involved: the defendant and the plaintiff.
- Details of the proposed judgment amount.
- Time frame for acceptance: typically ten days from receipt.
- Signatures from the defendant or their attorney.
When this form is needed
This form is used when a defendant wants to propose a formal judgment to the plaintiff in a civil case. It is applicable when the defendant seeks to resolve a dispute without going to trial, potentially saving time and legal costs. Using this form can be beneficial when the defendant believes the proposed judgment is fair and wishes to avoid the uncertainty of a court ruling.
Who needs this form
- Defendants in a civil lawsuit in Mississippi.
- Attorneys representing defendants looking to facilitate a settlement.
- Parties interested in resolving their case outside of court.
How to complete this form
- Identify the parties: clearly state the plaintiff's and defendant's names and addresses.
- Fill in the proposed judgment amount: specify the monetary amount the defendant is willing to pay.
- Include the acceptance deadline: explicitly indicate that the offer must be accepted within ten days.
- Sign the document: the defendant or their attorney must sign the form.
- Send the form: deliver it to the plaintiff as per the relevant procedural guidelines.
Does this document require notarization?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
Avoid these common issues
- Failing to include a clear acceptance deadline.
- Not signing the form or having the correct party sign.
- Inaccurate identification of the parties involved.
- Leaving out the proposed judgment amount.
Why use this form online
- Convenient access to professionally drafted forms.
- Immediate downloads, allowing quick completion and use.
- Editable templates to suit specific case details.
Form popularity
FAQ
It is like an option that you have for ten days based upon a valuable consideration. If you have paid for any option, you are entitled to it, and it cannot be withdrawn. The fact that the offer is made under these rules takes out of it the element of gratuity, and gives to it an enforceable legal effect.
Making an Offer of Judgment by itself is not an admission of liability. If the Offer is accepted, then the Judgment is entered by the Court.
An offer of judgment is a written offer made to the opposing party to resolve the plaintiff's claim on specified terms, with the costs then accrued. For instance, a defendant might offer to pay the plaintiff $50,000.00, plus the costs accrued by the plaintiff to that point in the litigation to fully and finally
Here, the offer of judgment was silent as to attorney fees and costs, and therefore did not preclude the plaintiffs from seeking additional costs. Additionally, the court advised that any ambiguities in a Rule 68 offer of judgment are typically construed against the offeror.
