I use overnight mail rather than certified mail. It's easier to track online at FedEx.com
IN THE SUPERIOR COURT OF BARROW COUNTY
STATE OF GEORGIA
JOHN DOE
Plaintiff, CIVIL ACTION FILE NUMBER:
vs.
JANE SMITH
Defendant.
PLAINTIFF’S OFFER PURSUANT TO O.C.G.A. § 9-11-68
Plaintiff submits the following offer:
1.
Plaintiff will accept $__________________, and will enter into an agreement dismissing the pending action with the following conditions delineated below:
2.
This offer is made pursuant to O.C.G.A § 9-11-68;
3.
The party making the proposal is the Plaintiff _________________
4.
The party to receive the proposal is the Defendant ____________through her counsel;
5.
The claim(s) this proposal is attempting to resolve is the negligence action currently pending, as to all counts.
6.
The relevant conditions of this offer are as follows: That $____________ shall be paid to the Plaintiff within the time required by the referenced statute; the amount proposed to settle the claim is as stated, no punitive damages are applicable; and the proposal includes attorneys fees and all other expenses that are part of this legal claim.
7.
By making this offer of judgment pursuant to O.C.G.A § 9-11-68, Plaintiff does not agree or concede that this statute is constitutional. In fact, Plaintiff and her lawyers believe that O.C.G.A. § 9-11-68 is unconstitutional. However, Plaintiff’s lawyers have a duty to represent Plaintiff competently based on existing law, which includes O.C.G.A. § 9-11-68 unless and until that statute is found unconstitutional.
This______day of ______________, 2005.
Respectfully submitted,
______________________________
Attorney for Plaintiff
Georgia Bar Number: xxxxxx
CERTIFICATE OF SERVICE
This is to certify that I have this day served a true and exact copy of the foregoing PLAINTIFF’S OFFER PURSUANT TO O.C.G.A. § 9-11-68 on the following via Fax and Overnight Mail to:
This______day of ______________, 2005.
Respectfully submitted,
______________________________
