Affidavit by lawyer
Date: Thu, 10/09/2008 - 11:59
So i finally went for the case management to the court, the lawyer attended via 'phone'. The magistrate advised us to get in touch with each other before pre-trial and try and resolve the issue.. I spoke with the lawyer later today over the phone, and told him my side... He said that he will put everything that I told him in an affidavit, and mail it to me. Once I sign it, he will pass the 'motion to dismiss with prejudice' in the court. He also said that there will be a 'release statement' which I can sign and they will sign as well... My question is-
should I believe him that this going away for good (that was easier than i thought it would be)??
once i sign the affidavit, can the lawyer go back on his word, and still pursue it??
He told me once it is dismissed, they will loose all rights over this!!!
some advice from anyone who has gone through something similar
should I believe him that this going away for good (that was easier than i thought it would be)??
once i sign the affidavit, can the lawyer go back on his word, and still pursue it??
He told me once it is dismissed, they will loose all rights over this!!!
some advice from anyone who has gone through something similar
Usually it's dismissed with leave to reinstate. Meaning that yo
Usually it's dismissed with leave to reinstate. Meaning that you and the lawyer agree to a payment plan, and then if you don't keep up, they can go back to court. I doubt they will flat out dismiss with prejudice, because they will want to have some recourse if you back out of the payment arrangements later on.
But the agreement you sign will become a part of the court record. If you and them both sign it, and you keep your end of the agreement, they cannot try to go back for a judgment -- if they did you have a defense in the agreement you signed.
