Legal Question in Personal Injury in North Carolina

My lawsuit settled out of court. All paperwork/releases were signed and submitted. The defendant sent a payment by bank wire to my attorneys trust account that was less than what was agree on. We never agreed to installments on the settlements. According to my attorney, the installment has frozen his trust account due to the incorrect amount being sent. Supposedly my attorney has submitted paperwork to the court for the judge to get involved. What if anything else can be done in this situation? I h ave bills that need to be paid, I have just been evicted from my home and am in need of my settlement money very badly.


Asked on 8/30/16, 1:44 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

This all sounds rather peculiar. If installment payments were part of the settlement, then that would have been included in the written settlement agreement. If the other party simply refuses to make payment, then there is often little that you can do, other than to have the settlement recorded as a judgment and then attempt to collect on the judgment, which is often not a good option. A simple mistake in a settlement payment would not necessarily freeze the attorney's trust account. It sounds as if you have attempted to explore this situation with your current lawyer; but that is of course the best place to start. If this is not successful, then you might need to consult with another lawyer about this, and he or her could look at the actual settlement agreement and look at whatever has been filed with the court to enforce the settlement.

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Answered on 8/31/16, 5:49 am


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