Legal Question in Civil Litigation in California
Defendant in default of paying settlement agreement
Hello,
We settlement a civil lawsuit (monthly payment). The defendant first started paying but now stopped. There's a clause that says that I can accelerate the judgment if he stops paying for 2 months in a row. The lawyer at the time did not ask the court to retain juridiction after we settled. What can I do now to get a judgment and accelerate the agreement and collect? Thanks
3 Answers from Attorneys
Re: Defendant in default of paying settlement agreement
If the court did not retain jurisdiction you will probably have to file another lawsuit to enforce the judgment. You won't need to prove the allegations in your original complaint. Instead, you will only have to prove that you won a judgment against the defendant and that he breached his agreement to pay it.
Re: Defendant in default of paying settlement agreement
If the case has been dismissed, and the court did not retain jurisdiction, the easiest thing is to do is probably file another lawsuit. It would be a straightforward case. Let me know if you need help in this. We have filed many breach of contract cases in the past. Feel free to email or call.
Re: Defendant in default of paying settlement agreement
Makea demand for payment of the full amount and if he fails you may have to file again. Call me directly, I attempt to have the original judge issue an order.
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