Legal Question in Civil Litigation in California
Settle out of court docs
Upon receiving notice I was being sued, I wrote out the check for the amount due. What forms have to be filed? Is this a Satisfaction of Judgement, or does the Plaintiff withdraw his complaint, or something entirely different? Thank you.
2 Answers from Attorneys
Re: Settle out of court docs
You shouldn't have sent the check without negotiating an agreement first. Your opponent may not agree that you have satisfied the debt, and may continue to pursue you.
If the complaint specifies a dollar amount and doesn't ask for anything more (fees, costs, emotional distress, etc.), and you paid the same dollar amount specified, you can require him to dismiss the complaint. If these conditions aren't met you can still demand a dismissal, but he's technically under no obligation to do so if he thinks you owe more.
The problem is that you had leverage before you sent the check, but you don't have it now. The plaintiff may very well dismiss the case, but if he doesn't you might have to pay more to make it go away.
You have not "satisfied the judgment" because there is no judgment yet.
Feel free to email me if you want to discuss the details.
Re: Settle out of court docs
No, he is not required to dismiss the case. Since you have already paid him there is no reason for the case, but you still need to file an answer with the court to the complaint. Once this is filed you or your attorney can speak with the plaintiff and hopefully they will file a dismissal. Obviously you can prove to the court that you made a good faith effort to resolve the matte by paying the full amount of the complaint. If you are in need of assistance please feel free to contact my office at 888-563-8529. I look forward to speaking with you.
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