Legal Question in Business Law in California

Re: How does ''injunctive relief'' work?

Injunctive relief is used to -prevent- someone from doing something. If you don't pay, I don't see how injunctive relief would benefit the employer. A settlement can be enforced either by going back to the court in which the action was pending under Code of Civil Procedure � 664.6, or by filing a new action for breach of agreement. Oftentimes, bankruptcy can eliminate a debt as well, depending on the nature of the debt.

Re: How does ''injunctive relief'' work?

It depends if there is a written settlement agreement pursuant to an already filed lawsuit or just a settlement agreement based upon a contract. If you need assistance, please contact our office.

Re: How does ''injunctive relief'' work?

Injunctions typically govern conduct and not money. If your settlement has clauses which require you to maintain secrets, to refrain from competing with the employer, to hand over specific property, etc. and you breach or seem likely to breach that part of the agreement, then the employer can obtain a court order requring you to comply. You would have the same right against the employer if it failr to comply with such a term.

If your agreement requires you to pay money and you are unable to do so, then the bank's remedy is to obtain a judgment (your settlement agreement probably says they can do this) and execute against it. There is no need for an injunction to resolve a failure to pay on a judgment, since the judgment itself is a court order requiring payment.