Employment Law Questions? Ask an Employment Lawyer.
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.
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.
No, not if you have signed a settlement agreement. The settlement agreement is a binding contract. I am sorry.
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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.