How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 37822
Experience:  Retired (mostly)
Type Your Business Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Can you change your mind if you have signed a settlement agreement

Customer Question

Can you change your mind if you have signed a settlement agreement on a civil case but it has not yet been filed with the court? Can you notify the court of it so that it is not filed by the opposing attorney?
Submitted: 7 years ago.
Category: Business Law
Expert:  socrateaser replied 7 years ago.

You would have to file a motion requesting that the agreement not be approved on grounds of fraud, mistake, illegality, coercion or undue influence.


If you argue mistake, then you would have to show that the other party knew or reasonably should have known of your mistake. If you argue fraud, you'll need to show that not only were you tricked into signing, but that you could not have reasonably discovered the other party's deceit in advance. If you argue coercion or undue influence, you would generally need a third party witness to testify to the pressure you were put under. Finally, if you argue illegality, you need to show the precise violation of law.


Otherwise, the judge will enter the settlement.


Hope this helps.


Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.