Legal Question in Civil Litigation in California

Defendant paying Plaintiff (Receipt)

I am going to pay the plaintiff the money but how do I make sure that he doesn't resurface down the road with problems as he is threatening to do. Doesn't he have a form to submit or some type of govenor to prohibit such actions? Should I type in the memo portion of the check ''Ended with prejudice''.

Something along those lines?


Asked on 7/27/08, 10:21 pm

4 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Defendant paying Plaintiff (Receipt)

Obtain a releaiff with a 1542 wiaver, and have plaintiff sign a dismissal with prejudice which you will file.

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Answered on 7/27/08, 10:31 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Defendant paying Plaintiff (Receipt)

I cannot answer your question because I do not know where in litigation you are, the terms, or the nature of the dispute, among other issues which may be relevant. If you are interested in hiring an attorney, you may contact me.

Disclaimer: Nothing herein constitutes legal advice. No attorney client nor confidential relationship is created. You may not rely on attorney nor anything communicated unless and until an attorney-client relationship has been formed. Your issue may be time sensitive, requiring you to act immediately to prevent loss of your rights or harm to your interests.

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Answered on 7/28/08, 12:47 am
Larry Rothman Larry Rothman & Associates

Re: Defendant paying Plaintiff (Receipt)

You should have a Settlement Agreement and Mutual Release signed by all parties.

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Answered on 8/13/08, 12:53 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Defendant paying Plaintiff (Receipt)

You need the Plaintiff to sign a settlment agreement, which will include a clause stating that the case will be dismissed with prejudice and that Plaintiff waives his right to sue you on all existing claims, known and unknown.

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Answered on 7/28/08, 3:34 pm


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