Legal Question in Appeals and Writs in Pennsylvania

Rules of civil procedure 229.1 settlement funds

I had reached a settlement agreement against a builder a few weeks prior to the enactment of rule 229.1, which requires settlement funds to be paid within 20 days of the agreement or signing of the release. The builder did not pay within this time limit and has still not paid over a year later. Would this rule apply because the non-payment has occured after the enactment of this law? The law also states the injured party can just void the settlement agreement if payment is not made within this time frame. What steps need to be taken to void an agreement? Is sending a letter sufficient and should the letter be notarized? Also, if I void the agreement and the builder then makes an attempt to pay do I have to accept it? The settlement agreement was extremely unfair. If the agreement is voided could a new claim be filed to recover the actual amount of damages? Thank you


Asked on 5/26/05, 7:39 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Rules of civil procedure 229.1 settlement funds

You can petition the court to enforce the settlement or to void the settlement. I suggest contacting an attorney to advise which is this best course of action. I offer free consultations.

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Answered on 5/26/05, 8:01 am


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