Legal Question in Personal Injury in New York

I have an old(1997) default judgement that has just come to my attention in applying for a drivers license. I was never served in the case. I contacted the attorney for the plaintiff and agreed to pay $2000 in full settlement of the judgement. He stated he would give me a satisfaction of judgement when he receives the payment. When I sent him an email saying"Can you please send me an email stating:

1. That you have authority from your client to settle the case.

2. That upon receipt of $2000.00 good funds paid by me that you will forward an executed Satisfaction of Judgement to my address, which is

__________________________

Once I receive that, I will get a certified check out right away.

The reply he sent is:

I do have the authority to accept $2,000.00 in full satisfaction of the judgment.

This seemed squirrely to me. I left him a voicemail saying I needed something in writing. I am now thinking that I should draft a settlement agreement and have that signed b4 I send any money. Am I wrong? Should I do this differently?

Thanks in advance


Asked on 9/12/11, 3:42 pm

2 Answers from Attorneys
Carol Ryder Law Office of Carol Ryder PC

GET IT IN WRITING SOME WAY, SOMEHOW. It is better if the atty does the letter. Then you need to get it removed from wherever he filed it. For instance, I file liens against properties in Riverhead.

Carol Ryder, Esq.

www.CarolRyderLaw.com

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Answered on 9/12/11, 4:11 pm

You are entitled to receive, before paying, both a signed general release, with prejudice, and a stipulation of discontinuance. The latter is filed in court after both parties sign. Have the plaintiff's attorney send you these documents before you write the check. Best, M. E. Zuller

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Answered on 9/13/11, 1:56 pm


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