LoveIsPower Posted September 6, 2019 Report Share Posted September 6, 2019 Well folks -- I've got a big win in California ... attorney has offered "mutual release," and after I sign they will "dismiss with prejudice." ? (I promise to write down all the juicy details on the win after the ink is dry and the dismissal with prejudice is filed with the court) My question is ... has an attorney ever reneged on an offer like that? Can they? The reason that I ask is that there is a court filing deadline coming up real soon (to get all the paperwork in for trial, including MIL, etc, etc.) and I don't want to get blindsided with a "nevermind," and then I missed the court filing deadline for my MIL, etc, etc. Thanks for your help, everyone!! Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted September 6, 2019 Report Share Posted September 6, 2019 1 hour ago, LoveIsPower said: has an attorney ever reneged on an offer like that? Possibly, but not intentionally. 1 hour ago, LoveIsPower said: Can they? Not legally. 1 hour ago, LoveIsPower said: (I promise to write down all the juicy details on the win after the ink is dry Take a good read of that ink. Most of the time these agreements include a NDA, and it could be you that is found in violation of the contract. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 6, 2019 Report Share Posted September 6, 2019 What you can do is watch the case for the filing and if the dismissal is not filed 2 days before the deadline, file you papers with the court as if you did not make the agreement. Cover all your bases until either this gets in front of a judge (where you an show the judge that the attorney negotiated in bad faith) or the dismissal is filed. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted September 6, 2019 Report Share Posted September 6, 2019 2 hours ago, WhoCares1000 said: What you can do is watch the case for the filing and if the dismissal is not filed 2 days before the deadline, file you papers with the court as if you did not make the agreement. Cover all your bases until either this gets in front of a judge (where you an show the judge that the attorney negotiated in bad faith) or the dismissal is filed. Oooh, right. I assumed OP was asking if the attorney (or plaintiff) could ignore the agreement after it was signed. Quote Link to comment Share on other sites More sharing options...
LoveIsPower Posted September 6, 2019 Author Report Share Posted September 6, 2019 3 hours ago, WhoCares1000 said: What you can do is watch the case for the filing and if the dismissal is not filed 2 days before the deadline, file you papers with the court as if you did not make the agreement. Cover all your bases until either this gets in front of a judge (where you an show the judge that the attorney negotiated in bad faith) or the dismissal is filed. Perfect! Sounds great! I'll make sure to cover all my bases! 1 hour ago, Harry Seaward said: Oooh, right. I assumed OP was asking if the attorney (or plaintiff) could ignore the agreement after it was signed. No, right -- I was asking about before it was signed and the dismissal electronically sent to the court and officially recorded. Hate so sound lazy, but it would be a pain in the butt to have to do all that filing, if it wasn't necessary. @Harry Seaward, do you agree with what @WhoCares1000 said? Best to cover all my bases? Have you ever heard of an attorney/plaintiff reneging on an offer before it was signed and the dismissal filed? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted September 6, 2019 Report Share Posted September 6, 2019 I haven't heard of then reneging, but I've heard of them 'forgetting' to file the notice of settlement with the court. I don't think I've ever heard of a plaintiff playing dumb when a consumer calls them out on it, but it does create a hassle, especially if there are deadlines pending that the consumer lets pass under the assumption the case is 'settled'. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 6, 2019 Report Share Posted September 6, 2019 If nothing has been signed yet, assume that no agreement has been made and act as such. If it is not in writing. it did not happen. If you have signed a settlement but the plaintiff has not filed with the court, again continue as if the settlement did not happen BUT keep the signed settlement papers for showing to the judge once there is a hearing or trial. That should cover all bases. Quote Link to comment Share on other sites More sharing options...
LoveIsPower Posted September 6, 2019 Author Report Share Posted September 6, 2019 1 hour ago, WhoCares1000 said: If nothing has been signed yet, assume that no agreement has been made and act as such. If it is not in writing. it did not happen. Sounds great! I just sent the attorney an email to see if we can take care of this asap. They were waiting for plaintiff to approve "deletion of tradelines" as part of the settlement. But, I will proceed as if nothing has happened! Thanks @WhoCares1000!! Quote Link to comment Share on other sites More sharing options...
LoveIsPower Posted September 6, 2019 Author Report Share Posted September 6, 2019 2 hours ago, Harry Seaward said: I haven't heard of then reneging Glad to hear this. I didn't think I had either. I just don't want to get caught with my pants down, not file my MIL, etc, and then they say, "nevermind, we renege the deal, let's go to court." Although, to be honest, they don't look prepared to file anything or go to court for this at all. Guess better to be safe, than sorry. Quote Link to comment Share on other sites More sharing options...
LoveIsPower Posted September 6, 2019 Author Report Share Posted September 6, 2019 15 hours ago, Harry Seaward said: Take a good read of that ink. Most of the time these agreements include a NDA, and it could be you that is found in violation of the contract. Interesting. I will make sure to keep an eye out for an NDA. Thanks @Harry Seaward! Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted September 6, 2019 Report Share Posted September 6, 2019 I would just add to make sure there's language to the effect that this deal was being made for legal expediency, or whatever, and that it in no way is an acknowledgment or "settlement" of a debt. They are under certain obligations to report debt forgiveness to IRS, and if they come after you it will help to show that you never "settled" a "debt." Quote Link to comment Share on other sites More sharing options...
pulpfiction0 Posted September 6, 2019 Report Share Posted September 6, 2019 19 hours ago, LoveIsPower said: Well folks -- I've got a big win in California ... attorney has offered "mutual release," and after I sign they will "dismiss with prejudice." ? (I promise to write down all the juicy details on the win after the ink is dry and the dismissal with prejudice is filed with the court) My question is ... has an attorney ever reneged on an offer like that? Can they? The reason that I ask is that there is a court filing deadline coming up real soon (to get all the paperwork in for trial, including MIL, etc, etc.) and I don't want to get blindsided with a "nevermind," and then I missed the court filing deadline for my MIL, etc, etc. Thanks for your help, everyone!! Is this offer in writing? If it isn't, it never happened. I'm not necessarily saying the attorney will reneg. Collection attorneys work such a high volume practice that their primary objective is disposing of the case as quickly as possible. This isn't always the case, but a good number of them only pursue the low-hanging fruit. As such, I doubt the attorney would waste time making an offer they weren't intending to follow through with. That said, I'd file your motion immediately and then drop the attorney an email along the lines of 'Per our conversation of xx/xx/xxxx, you agreed to dismiss the above captioned case with prejudice, following the execution of a mutual release. As the case has not yet been dismissed and a filing deadline is approaching, I am left with no choice but to file the attached motion. Our agreement still stands, so I await your filing of the appropriate dismissal paperwork.' If they dismiss shortly thereafter, great. If not, you've still covered your bases and will be prepared for the next step. Quote Link to comment Share on other sites More sharing options...
LoveIsPower Posted September 6, 2019 Author Report Share Posted September 6, 2019 Well folks -- the "mutual release" with an agreement to a "dismissal with prejudice of the entire Action" is SIGNED by both parties!! DONE. #BOOM! Now ... the agreement says they will file the dismissal within 15 days ... my question is ... can I relax now? ? Is it just about monitoring the court system to make sure the dismissal has been officially filed? (Remember, the deadline to file all the court papers for trial, including my MIL, etc is on Monday!) Quote Link to comment Share on other sites More sharing options...
LoveIsPower Posted September 6, 2019 Author Report Share Posted September 6, 2019 20 hours ago, Harry Seaward said: Take a good read of that ink. Most of the time these agreements include a NDA, and it could be you that is found in violation of the contract. No NDA on this one, @Harry Seaward! 1 Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 7, 2019 Report Share Posted September 7, 2019 It might be possible to file a motion to extend the deadline for filing court papers by 2 or 3 weeks by stating that a settlement is almost completed. Courts like to hear that a settlement is forthcoming and might grant it. I cannot see the plaintiff opposing that either in light of the recently signed agreement. Quote Link to comment Share on other sites More sharing options...
LoveIsPower Posted September 7, 2019 Author Report Share Posted September 7, 2019 3 hours ago, WhoCares1000 said: It might be possible to file a motion to extend the deadline for filing court papers by 2 or 3 weeks by stating that a settlement is almost completed. Courts like to hear that a settlement is forthcoming and might grant it. I cannot see the plaintiff opposing that either in light of the recently signed agreement. Interesting. The thing is, the trial is in 2 weeks. ? Deadline for filing MIL, trial briefs, etc is Monday. 19 hours ago, pulpfiction0 said: I'm not necessarily saying the attorney will reneg. Collection attorneys work such a high volume practice that their primary objective is disposing of the case as quickly as possible. This is the vibe I got from the attorney. It was more of a, "you sign the mutual release and I submit the dismissal with prejudice, and we are BOTH done with this." She was friendly, yet (in a wink, wink ? way) eager to move on -- no real emotional investment in the case from her. ? 19 hours ago, pulpfiction0 said: Is this offer in writing? If it isn't, it never happened. Now is the agreement not only in writing, but SIGNED by them (and me). Quote Link to comment Share on other sites More sharing options...
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