If I had a dollar for every time someone assumed that “we’re in settlement talks” meant “we can stop worrying about the lawsuit,” I’d have a few beach houses by now. Assuming that beach houses were important to me.
Let’s get one thing straight: settlement discussions are a goal, not a get-out-of-litigation-free card. And while settling a case is almost always the smart move (I’ll say it—9.9 out of 10 times, it’s the best outcome for all involved), it doesn’t mean we get to ignore the litigation process. Not even close.
Now, unfortunately, there are certain debt settlement companies—particularly those based out of California and Florida (no, I don’t work with them, and I never will)—that just don’t get this. They seem to believe that the mere mention of a potential settlement somehow freezes court deadlines, puts discovery on hold, or allows us to skip critical filings. Spoiler alert: it doesn’t.
Here’s the reality. As an attorney, I have both an ethical and fiduciary obligation to keep the case moving forward. I’m not just filling out forms here—I’m managing risk, protecting my client’s interests, and staying on the right side of the rules of civil procedure. That means filing when I need to file. Showing up when I need to show up. And yes, pushing the litigation process forward even while we’re discussing resolution.
And let me be clear: pushing the case forward doesn’t mean we’re not interested in settling. It doesn’t mean we’re playing hardball or trying to drive up costs. It means I’m doing my job.
The truth is, settlement and litigation are not mutually exclusive. They’re parallel tracks. One doesn’t cancel the other. In fact, the best settlements often come because both sides are prepared, informed, and motivated by the momentum of the case—not by stalling out and hoping the problem goes away.
So to all the debt settlement companies that want to slow down the train while they “talk things through,” I say this with all due respect: that’s not how this works.
If you’re a business owner navigating a dispute, make sure your legal team understands this critical distinction. It’s the difference between trusting your case to someone who knows how to negotiate, and handing it over to someone who’s hoping they can wing it like many of these MCA debt settlement companies do out in Cali or Florida.
Bottom line? Smart settlement talks are vital. But smart litigation strategy keeps you protected. A real pro knows how to manage both. And that’s what separates the mere amateurs from the experts.