Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
That is great news, congratulations.
With regard to the settlement, (again I can't give specific legal advice etc. ...) in order to ensure that no future litigation arises, and no future liability comes up - you are looking for a "mutual release of claims known or unknown arising from the transactions related to or arising out of the complaint" or similar language
This means that even if they later change their minds, or come up with different claims, charges, or other things they wish to tack on for different reasons - they are prevented from bringing them. (It also means you can't sue them, but it usually isn't worth it - this is your call, I can't make it for you, but this is the best way to put the matter to rest).
You will also want to make sure that the settlement requires them to dismiss the complaint "with prejudice" (again, they will be unable to refile the complaint).
Thank you. I read in an attorneys blog that never be 100% certain of winning, that you have a 50% chance of losing. I think $300.00 for a $2,500.00 suit is pretty good success.
I think you did great - but that is an opinion (the phrase I have learned is "the inherent risk of litigation")
"With prejudice" was one of my conditions!
You will also want an "attorney's fees clause" for enforcement of the settlement agreement - meaning that if they break the agreement and try to sue you in the future, you can hire an attorney and they will end up paying for it once you win by enforcing the terms.
Inherent risk sums it up much better.
(I think you are on top of this one - with prejudice, will pretty much cover it, the rest is just "gravy")
Ok, when she sends me the agreement I will look for those terms & if not in the agreement I will request that she includes the suggestions. I mentioned to her that we must come to terms by 2:30 pm., or I have to file my MIL, cutoff time is 4:00pm., for filing.
Bill, thank you so much for all of your help.
You are very welcome. You have done the hard work, this is not an easy task and frankly you should be proud of yourself.
Thanks' again. Good luck to you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).