Legal Question in Credit and Debt Law in California

If a settlement agreement is completed by both parties (negotiated, settled an amount, gave payment for settlement amount), does the plaintiff have the ability to cancel the settlement afterward payment so that they can more or something or is it a binding guaranteed agreement that is for sure done and completed (no law suits, no courts, no judgements)? I really don't want to be fooled or scammed with this since this is serious.

There is a lawsuit for a judgement in court but a couple of days before it was filed they offered me to not have any judgements if we settle an amount. So we entered a settlement agreement... Do we need to file an answer if they dismiss the case before the 30 days?


Asked on 10/25/14, 11:55 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

If the case is settled and the court is aware of the settlement, there should be no need to answer the complaint. Sometimes a plaintiff might have the defendant sign a stipulation for judgment. If the defendant does not fully comply, then the plaintiff might seek judgment either by ex parte application or noticed motion. If the case is to be dismissed, then there should be no need to answer. This all depends on the terms of the agreement.

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Answered on 10/25/14, 12:55 pm


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