Author Topic: Settlement contract altered after signing  (Read 315 times)

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JoblessManchild

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Settlement contract altered after signing
« on: February 26, 2018 07:38:40 PM »
The last time I went to court with Wakefield and Associates, I offered the attorney a 50% settlement to drop the case. She agreed, but said she'd have to reset the case to give the check time to clear. I agreed to this part. The check cleared two days later, but the case was not reset, so I called to see what their intentions were. I was told that the settlement fund had cleared, and the attorney planned to dismiss it in court on the date listed as the reset date. I was miffed that she'd broken the agreement, but didn't think much of it as long as I wouldn't have to go back to court.

However, I noticed later that she'd checked a second box, the box agreeing to a judgment. This in combination with the settlement negotiation, a note about "time for the check to clear," and the box resetting the case for March. This doesn't sit right with me.

Does this look like a trick to you, or is it just a technicality that couldn't be enforced in court? What could be gained from a judgment at this point?

BrokeBob

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Re: Settlement contract altered after signing
« Reply #1 on: February 26, 2018 08:44:04 PM »
Did you make a photocopy of the signed document?

credit_h

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Re: Settlement contract altered after signing
« Reply #2 on: February 26, 2018 09:24:59 PM »
What does "reset the case" mean? They dismiss the case and start over? It sounds to me like you gave them 50% and you still owe them the other 50%. I would clarify what happened with the other party, it might not mean what you think it meant and you yourself in the process.

JoblessManchild

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Re: Settlement contract altered after signing
« Reply #3 on: February 27, 2018 09:28:14 AM »
"Reset the case" means that the case wasn't set for trial, but neither was it dismissed. It's a way of giving time for the check to clear so they don't have to refile if something goes wrong. It is absolutely a settlement in full.

 

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