Legal Question in Credit and Debt Law in Florida

stipulation

can i get out of a stipulation


Asked on 4/24/09, 8:17 pm

1 Answer from Attorneys

Raymond LaBella LaBella Law, P.L.

Re: stipulation

Getting out of Stipulations is very difficult. A stipulation, at its heart, is basically governed by contract law. After all, it is a legally enforceable agreement (which is what a contract is).

In order to avoid the Final Judgment that comes from the breach of a stipulation, you would have to file a Motion to Set Aside the Final Judgment that will be automatically awarded upon motion by the plaintiff after the breach. In your Motion to Set Aside the Final Judgment, you will need to make an argument that the plaintiff should not be entitled to the Final Judgment because it breached somehow or violated some other contract principal.

It is a tough argument to make. Good luck with it. You should really speak to an attorney about it to see if you even have any grounds.

For more information about your rights under state law and other alternatives, you can check out our website at www.LaBellaLaw.com. You should also check out our News section to see how you can help us get the Helping Families Save Their Homes in Bankruptcy Act passed.

STOP THE BANKS

from blocking a new law (S. 61) that will help homeowners save their homes from foreclosure � at no cost to taxpayers

HERE�S HOW YOU CAN HELP PASS SENATE BILL 61

(Helping Families Save Their Homes in Bankruptcy Act of 2009):

* Telephone your Senators today (during weekdays) and ask them to stand up to the banks and support S. 61. Your Senator's contact information is on www.LaBellaLaw.com/news.

* Email letters to your Senators � it�s quick and easy at www.nacba.org/TellCongress

Help get the Senate to pass this bill this week!!!

The House has already approved it!

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Answered on 4/25/09, 11:19 pm


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