Legal Question in Civil Litigation in California

Is it safe to sign a release of all claims form?

I recently won a small claims case in regards to a traffic accident. I have been paid, but it was like pulling teeth to get it. The insurance company who paid me just sent me two forms and I am not clear on all the legal jargon. One is a Release Of All Claims and the other is a stipulation and order to vacate judgement and enter into settlement agreement. I have already notified Small Claims that I recieved payment. Are these forms safe? Should I be concerned about signing them in light of a countersuit which was filed but never served to me? Do I have to sign these forms? I would appreciate any advice you could give me in plain english. Thank You


Asked on 12/03/00, 3:19 pm

1 Answer from Attorneys

Re: Is it safe to sign a release of all claims form?

Unless you agreed to sign such documents in exchange for the payment that was sent, you are under no obligation to sign those documents.

The only document that you might consider (if they have paid the full judgment plus interest) is a Satisfaction of Judgment which merely acknowledges that they have paid the judgment.

The forms they want you to sign are 1. Vacate the existing judgment to protect the credit of the defendant. HOwever, if they made you go through the trouble of suing them and pulling teeth to collect I would only agree to vacate the judgment IF they pay you an additional amount that you find acceptible.

I would NOT sign the release unless I had already agreed to do so in exchange for the payment that has already been made.

Check out our website: www.donnerlaw.com for any and all your legal needs.

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Answered on 12/05/00, 10:54 am


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