Webberville, MI Personal Injury Law Firms & Lawyers

Next, the Defendant will either offer that amount or decline to settle for that amount. This could take a few days to a few months. If the defendant refuses to pay what is asked, the defendant then might make a counteroffer, but this is not always the case.

This sounds like a law class question. I would advise you to review your notes as this question raises numerous issues, and I may not address the ones your teacher intended this question to address. More importantly, I might tell you the right answer without giving the name to the legal principal the teacher is addressing. For example: Implied contract: Although there is no written or oral agreement that Barbra (hereinafter "B") will pay at the end of each month, this has become the habit, therefore, there may be an implied contract that B's payment Is due at the end of each month. If you can establish an implied contract with these terms, you will get a judgment. If not, you may lose on the ground that B's debt is not yet due, especially given her incapacity. Now for the real world. She owes the money. You can sue her. She may be able to put off losing the suit for awhile based on her incapacity. Ultimately, however, she owes the money and if she does not pay it, you will get a judgment against her. However, if she has no assets, you may never collect.