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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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As a plaintiff, If I win a judgement and agree to settle in

Customer Question

As a plaintiff, If I win a judgement and agree to settle in writing to avoid the time and process of collecting, can I change my mind after having a chance to think about all of the time and work put in to the victory?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and welcome. Unfortunately, any post settlement judgment would be a binding contract, just like a prejudgment settlement. The fact you may have changed your mind and would prefer to try and collect your judgment does not matter. The minute you signed the agreement, the defendant forfeited their appeal rights in exchange for a negotiated settlement, and your right to the full judgment was suspended. The only way that right would come back is if the defendant failed to pay you as agreed upon. If they failed to pay you, then they breached the contract this entitling you to rescind it. It all other circumstances you are bound what you agreed to. I hope this addresses your concerns and I am sorry I could not provide better news.

Customer: replied 1 year ago.
The judge has not writen the final judgement yet ...I agreed to accept an offer in exchange to dismiss my case against my employer
Expert:  Patrick, Esq. replied 1 year ago.

Thank you for your reply. However, this does not change anything as the settlement would be valid regardless of when it was signed. Only if the settemwnt agreement was breached would you typically have the right to rescind and seek the entire judgment.

Customer: replied 1 year ago.
Can I change my mind?
Expert:  Patrick, Esq. replied 1 year ago.

No, not if you have signed a settlement agreement. The settlement agreement is a binding contract. I am sorry.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.