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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10192
Experience:  30 years of corporate, litigation and international law
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I signed an agreement with a company (they had an attorney)

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I signed an agreement with a company (they had an attorney) to settles a matter and wave all rights to take action against them. Provided they did two things. Do an educational campaign so the "indecent" would not happen again, and to pay me $500.00. The agreement spaciously stated by signing the agreement I was acknowledging having received valuable consideration for entering into the agreement. But it also stated I was to be paid the $500.00 and it was to be sent to me by over night delivery. The agreement gave the other side rights against me if I violated certain parts of the agreement. Like breaching confidentiality, or bad mouthing them. Or if I in fact took action against them. It said nothing about if they violated the agreement. We both signed the agreement a week ago. I have not received the money. O was told 3 days ago by the attorney's secretary that the check was "mailed" to me by the client. he tracking number they gave me is from the post office. The post office shows that the client printed the labile and paid the postage online on 8-3-11. But the post office has no record of receiving it. It does not show if it was to go express or first class etc. But the Post office does not even offer "over night " delivery from the "clients" address to mine. I had asked it be sent by UPS. In fact I told then FedEx and the Post office where unreliable in my rural area. Before signing I was assured in writing by their attorney the check would be sent ( I had a feeling they were going to screw with me). So is the agreement void and we need to start all over, or are they in breath by not over nighting the payment as called for in the agreement? They did put the educational part in place so part of the agreement has been complied with. Because they violated the agreement first, do they loose there rights? The agreement says nothing about what happens if they violate or fail to fully comply. What are my rights? Id the agreement void, or breached? What if I get the money next week and cash the check? I can not reach the attorney and calls go un-returned. This was done under California law.
Thank you.

bizlaw :

The breached the settlement agreement but if the check is sent in a week rather than by overnight you would be entitled to interest - relatively minor. Delay in payment would probably not be considered sufficiently material to give you the option to consider the settlement voided and revive your original claim.


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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer:

I am pissed as their attorney reassured me it would be overnighted on Monday. So long story short I stayed home on Tuesday, Wednesday, and Thursday. Today I found out that it really has not even been mailed. I had several days wasted. Can I still except the check, but if they ever try to enforce their rights if I breach confidentiality, claim they breached first?

bizlaw :

No if you wanted to try to void the agreement you would have to do so now not breach and then rely on their breach.


If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.


This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer:

I do not know id this matters but I us a Service Animal Service Dog, and the "claim, came about from their refusing to let me stay there due to having a Service Dog. So I not happy to begin with. I do Know about the $4,000.00 minimum damages under the Unrhu act.

bizlaw :

No that does not matter in this situation. I know you are frustrated but you need to move on.


If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.


This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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