Legal Question in Personal Injury in New York
Issuance of Money
I have a legal case that has been settled out of court. My lawyer brought me the papers and said they have 30 days to give me a check. That was 36 days ago. He now tells me I have to wait more time for the check to clear in his account. My questions is : Is my lawyer giving me the correct information on the waiting period. I hope you can ease my sense of worry.
3 Answers from Attorneys
Re: Issuance of Money
Usually the losing party has 60 days before they have to pay. Thereafter, if your lawyer has an interest in the money, he deposits same in his escrow account and then cuts it to you. If you are worried, you should ask to see a copy of the check (they usually make a copy) and then call the bank which issued the check and see if it cleared. Then wait ten days, and ask if your lawyer is ready to give the money owed to you. That should be enough time for him to do the math necessary to deduct the costs and the legal fees. It is rare, very rare for lawyers to take money from escrow despite the headlines. I wouldn't worry after only 36 days.
Re: Issuance of Money
why be worried? you trusted your attorney all along? Why the doubts now? What did he tell you that was incorrect or are you listening to advice from others?
Good Luck
RRG
Re: Issuance of Money
30 days is pretty standard, and yes, it will take more time for the check to clear. You will get your money, it just takes tome.