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?
4 Answers from Attorneys
Re: Defendant paying Plaintiff (Receipt)
Obtain a releaiff with a 1542 wiaver, and have plaintiff sign a dismissal with prejudice which you will file.
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.
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Re: Defendant paying Plaintiff (Receipt)
You should have a Settlement Agreement and Mutual Release signed by all parties.
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.