Legal Question in Business Law in California

How to properly settle a case and protect myself

I got sued and we settled on 5,000.00 dollars. Her lawyer said to protect myself i shoudl write on that back of the check '' by signing this check you settle all debt with and then put my name is there. Is this really enough to protect myself from her suing me again? what else shoudl i do?


Asked on 10/17/05, 5:37 pm

2 Answers from Attorneys
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: How to properly settle a case and protect myself

No, you should have a formal, comprehensive settlement agreement drafted; and it should include broad, global, mutual releases, as well as a provision that all parties waive the provisions of California Civil Code section 1542. The lawsuit must be dismissed with prejudice. There are a variety of technical details to include in the agreement. Your attorney should prepare it. Pay no money until you have an agreement.

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Answered on 10/17/05, 5:58 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: How to properly settle a case and protect myself

A Google search for the phrase "sample settlement agreement" will give you plenty of samples that could be adapted to your situation. You can have a two page settlement agrement that will be sufficient for your purposes. They should also file a Request for Dismissal and it would be dismissed "with prejudice". When I draft a settlement agrement, I always include a waiver of rights under Civil Code Section 1542. This means that you have settlement all claims, known and unknown.

If you need help drafting a settlment agreement, I can do it for a reasonable fee.

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Answered on 10/17/05, 6:00 pm


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