Jump to content

JDB Atty not complying with agreement made before judge in court...


Recommended Posts

I went to court and the judge practically told me he was going to rule in the Plaintiff's favor before officially making a ruling. In that case I opted to settle with their attorney, and it was agreed in open court and put in writing by an email from the Plaintiff's atty that:

1) I will pay them $XXX

2)I have 90 days to make full payment.

3)Plaintiff shall prepare settlement agrmnt & send to court & myself.

4)Settlement agrmnt must be mailed no later than 10/6/10 (obviously this has passed!)

5)Court will administratively close file pending full pmt.

6)Court will close file upon verification of full pmt.

7)If I default in all or part of the pmt, Court will enter a judgment for full amt requested by Plaintiff including atty fees, court costs, & interest.

8)Upon receipt of executed agrmnt from me, Plaintiff shall forward a copy to the Court.

10/6/10 has passed and I have contacted the court and verified that no settlement agreement has been received to date.

How should I proceed from this point? The clerk suggested I contact the Plaintiff's atty, however, I want the judge to know that they didn't do what they were supposed to by the date they were supposed to, so I certainly don't want to bring it to their attention. Should I file a motion to dismiss based on their failure to comply with the agreement?

Any suggestions would be appreciated!

Link to comment
Share on other sites

I would write them a letter stating that you have not received an agreement, reached on blah blah blah date, terms of which outlined in Attachment 1, and attach a copy of what they sent you. Send it by certified mail, so then in case they try to pull something in court, you have proof of everything.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.