Stipulation of Settlement
Date: Thu, 08/11/2011 - 17:55
Oc sent acct to CA after 120 days, CA had it only 30 days, sent to atty. Came to agreement with atty for 37% of balance, lump sum.
The attorney sent me an unsigned stipulation of settlement with the agreed settlement amount and if I do not go through with the settlement I give up my rights to fight in court, a default judgement for the Full balance.
There has been no case filed as of yet, it has only been with the atty for a week.
Seems fair enough, I will get them there money by the due date, anything else to watchout for?
Shouldnt the attorney have signed it first?
Thanks
Personally I would not be signing it....you are basically giving
Personally I would not be signing it....you are basically giving up all legal rights to defend yourself in court. However if you do in fact have the funds available and can follow thru, I would insist that the offer be signed. Have them sign it and fax it to you.
ive signed a stipulation or two in my day. mine werent signed b
ive signed a stipulation or two in my day. mine werent signed by the attorney when i got them, but my thinking was always that they would have to sign it to file it anyway. what difference would it make whether it was signed before i got it? so let me plead ignorance - whats the harm? that they might change the terms of the agreement?
Thanks, I do have the funds, I made the settlement offer, the
Thanks,
I do have the funds, I made the settlement offer, the stipulated settlement threw me off, I was expecting the normal "we agree to accept.....bla bla.
My concern is the offer not being signed, say I sign it and never get the attorneys signature on it, so I never send the money, he then signs it the day the money is due, I default and get a default judgement.
I am thinking to drive the check and agreement to his office to get his signature and a receipt, hes under an hour away.
if you can do that asap with certified bank check or postal mone
if you can do that asap with certified bank check or postal money order than i would say absolulety do it. they should be able to provide you with a dismissal notice on the spot with certified funds.