Legal Question in Civil Litigation in New Jersey

If I request discovery of a debt in writing, citing that in order to agree to a settlement I need this information and I do not receive it, but I enter into a settlement that I do not maintain, can the settlement be voided and case be dismissed for failure to provide the orignal requested discovery prior to the settlement?


Asked on 12/03/10, 6:19 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

If you settled the case on the record in court, you will not be able to have the settlement set aside because you failed to require the other party to provide discovery. If your settlement was an out-of-court settlement, the circumstances might be different particularly if the other party induded the settlement through fraud.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 12/08/10, 7:08 pm


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