Settlement Agreement


#1

My understanding of your facts is that a lawsuit has been filed and you have reached a settlement. Unless the “agreement”/court order states otherwise, you will have thirty days from when the judge signs the order to make the payment, and your attorney should receive the final judgment or can go to the courthouse and retreive it from the file.

If, instead, you have signed an agreement outside of court, a “contract”, you must follow the terms of the contract. Practically speaking, the other party’s remedy will be a breach of contract action that will take much longer than 30 days to resolve.

Good luck!

Ketan P. Soni
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Actually, the problem is that the contract has not yet been signed. My attorney announced the settlement to the court. The terms of the settlement are that I make payment within 30 days. My attorney drafted an agreement and sent it to the plaintiff’s attorney. The plaintiff’s attorney said that her client signed the agreement and they would deliver it to my attorney for my signature. However, it’s been more than 2 weeks, and they still have not delivered the agreement to my attorney.

My question is what happens if they do not deliver the signed agreement?


#3

I should clarify again that I have not signed the agreement yet, and the thus it has not been entered with the court. My attorney has only announced the settlement at a scheduled hearing.

I have every intention of signing the agreement and making the payment, and am ready to do so immediately, but they have not sent it to my attorney yet.


#4

If you have not yet signed the agreement, then the matter has not been settled yet. Once everyone has signed the agreement, then the terms become enforceable. You should probably have your attorney contact opposing counsel and find out when you should expect to receive the document back so that you can sign it too.

Take care,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#5

Two parties in an alienation of affection suit have agreed on a settlement. The settlement has been announced to the court. The defendant’s attorney drafted an agreement, and sent it to the plaintiff’s attorney. The plaintiff’s attorney has indicated that her client has signed the agreement and will deliver it to the defendant’s attorney; however, the agreement has not been delivered.

The terms of the settlement are that payment is to be made to the plaintiff within 30 days of the date of settlement. What are the legal ramifications if the agreement is not delivered to the defendant’s attorney within that time frame?