quepasoksl Posted October 20, 2004 Report Share Posted October 20, 2004 The lawyer was supposed to file it within 20 days of receiving the settlement check. I'll give them 30 days to see if they do it, but if they don't what recourse do I have??? I held up my end of the agreement, don't they have to as well??? I just don't want a default judgment to somehow be entered against me and then have to deal with that. Any info or input appreciated. Thanks in advance Link to comment Share on other sites More sharing options...
calawyer Posted October 20, 2004 Report Share Posted October 20, 2004 First of all, check with the court to see if the lawyer sent it in but didn't serve you with a copy. In some states, the court has to act on the request and the custom is to serve it only when it comes back from the court.If nothing has been filed, write the attorney a letter saying that the plaintiff is in default under the settlement agreement. Tell them that if the dismissal is not on file by [pick a date] you will ask the court to enter a dismissal and will ask the court to award you the relief it thinks is just for plaintiffs' refusal to honor the agreement (blowing smoke but you never know).Good luck. Link to comment Share on other sites More sharing options...
quepasoksl Posted October 20, 2004 Author Report Share Posted October 20, 2004 Thanks calawyer. I'm hoping they were justing waiting out the 20 days to be PITA's. I can see the docket/filings online for my county and they haven't updated to add the VDWP yet. The lawyer was pretty reasonable the whole time we were faxing back and forth so I figured if they don't file it before the end of the month I'll send the letter to him asking him again to fax/mail me a copy if I don't see it has been filed. Then at least I can send it in if necessary. I'd just like it to be a done deal!!!! Thanks again!! Link to comment Share on other sites More sharing options...
calawyer Posted October 21, 2004 Report Share Posted October 21, 2004 I'd just like it to be a done deal!!!! Thanks again!!You paid good money for it to be a done deal. Link to comment Share on other sites More sharing options...
quepasoksl Posted October 26, 2004 Author Report Share Posted October 26, 2004 So I faxed the lawyer yesterday and they faxed me a copy of the dismissal. It wasn't a "Voluntary Dismissal with Prejudice" as was agreed. It was just a 'Voluntary Dismissal', but it says Plaintiff, blah blah blah dismisses its action againt Defendants, blah blah blah, The parties have settled the case and resolved the issues.I also received the letter from Wells Fargo that the "above reference loan has been settled"I have all the correspondences in writing between the lawyer and myself. It stated it would be dismissed 'with prejudice'. They also stated the account would be considered 'satisfied and paid in full'. My fear is that they will try to sell the remainder of the balance. If that happens what recourse will I have??? Could they do that?? I WILL keep all my documentation so that if I have a problem in the future I can show what they stated would be the agreement. Do you think I should be worried or is the matter finally over???Thanks in advance!!! Link to comment Share on other sites More sharing options...
Recommended Posts