Legal Question in Civil Litigation in Pennsylvania

Settlement voided?

I received a judgement in a civil action. The defendant offered a settlement in lieu of filing an appeal. He sent a check but it bounced due to insufficient funds. The appeal time has passed so he can no longer appeal. Can I consider the settlement agreement voided due to the bounced check and require that he pay the full judgement or am I required to accept another check in the amount of the settlement.


Asked on 2/15/04, 1:55 pm

3 Answers from Attorneys

Re: Settlement voided?

I agree with both Mr. soloman and Douglas. You made an agreement, he breached it, and he blew the appeal period because of his own actions. However, to be safe, I'd give him 3 days to make good on the check or the agreement is void. Keep in mind, if his check bounced, it is most likely that you will have a hard time collecting anything, or it will take real work to collect.

Kevin J. Begley

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Answered on 2/16/04, 5:37 pm
Andrew Solomon Law Office of Andrew A. Solomon

Re: Settlement voided?

In my opinion, he beached the settlement agreement when he gave you a bad check. As a result, you should enter judgment on the award and cause the sheriff to execute against the defendant's property

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Answered on 2/15/04, 3:30 pm
William Douglas Douglas Law Office

Re: Settlement voided?

Not knowing the exact terms of your agreement, it's best to set a fixed time period to make the check good. If the defendant fails to make good declare the settlement void.

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Answered on 2/15/04, 6:03 pm


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