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 Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89094
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

Settlement agreementThis settlement agreement (the agreement)

Resolved Question:

Settlement agreement
This settlement agreement (the agreement) is entered into by and between Michael and the Plantiffs C.W., Mary, John, Lynne, Ted, Ben, Phil(collectively to hereafter as "Plaintiffs")
Recitals
Whereas, on November 30, 2010, the plaintiffs obtained a judgement in the amount of $54,610.00, in the county Indiana superior court number 2 ("the court"), identified as case No. 2 (the judgement) for attorney fee's in enforcing certain restrictive covenant violations related to real estate commonly known as Lane, IN. (the real estate)

Whereas, plaintiffs have incurred at least $27,346.50 in legal fees and $285.96 in court cost since November 30, 2010 in attempting to collect the judgement.

Whereas, plaintiffs claim that they are entitled to recover said amounts from based on the language of certain restrictive covenants associated with the judgement.

Whereas, claims that plaintiffs' claimed attorney's fee after November 30, 2010 are not reasonable.

Whereas, and plaintiffs have determined that it is in their best interest to compromiseand settle any and all disputes between them with respect to the above written cause number as set forth below.

Agreement

Now therefore, in exchange for the consideration set forth below, the parties agree as follows:

1. Payment to Plaintiffs agrees to pay seventy six thousand and 00/100 dollars (76,000.00) (the settlement amount) the settlement amount shall be paid on or before (60) days after this agreement is signed by all parties.

2. Specific real estate improvements. within sixty (60) days after this agreement is signed by all parties, agrees to improve the real estate in the following three (3) ways:
a. grass seeding professional tilling under the existing yard and professional reseeding
b. Construction of permanent porch: a cement porch in harmony with the other homes in estates with the following dimensions and features.
i. Rise Eight (8) inch step into home entrance. further steps if needed from pathway described below in 2(c).
ii. Width: equal to the existing front door overhead roof covering.
iii. Length: equal to the existing front door overhead roof covering.
iv. height: six (6) inch deck top
v. footer: cement footer to bottom of porch deck.

c. construction of pathway: a cement walkway to the permanent porch described in 2(b) from either the sidewalk or the street curb or from both. the walkway shall be in harmony with the other homes in estates and have the following dimensions and features:
i. height/thickness: four(4) inches.
ii. Width: no smaller than thirty-six (36) inches, and no wider than the permanent porch deck width, as described in 2(b)(ii)

3. satisfaction of judgement and release. within fourteen (14) days after compliance with paragraphs 1 and 2 of this agreement, plaintiffs shall execute and file a satisfaction of judgement and release with the court with regard to any and all claims they have or may assert against in the above written case number. If fails to comply with paragraphs 1 and 2 of this agreement, he shall be responsible for attorney fees related to enforcement of this agreement.

4. non-admission. nothing contained in this agreement, or any action by the parties in resolving this matter, shall be considered or construed as an admission that either party committed any wrongdoing, violated any law or regulation, or was entitled to any relief in litigation. the parties entered into this agreement solely to avoid the further time, expense, and uncertainty of litigation.

5. no further consideration. this agreement represents the entire agreement between the parties and there are no other written or oral agreements. the consideration for this agreement is the covenants, promises, consideration and contingent release contained in this agreement. there is no further consideration.

6. governing law. this agreement shall be governed by, and construed in accordance with, the laws of the state of indiana.

7. miscellaneous. the parties have read and understand all the terms of this agreement, and they are knowingly and voluntarily entering into this agreement based on the advice of their own counsel. this agreement is a negotiated document and there is no contractual presumption based upon one party being deemed the drafter of the agreement. this agreement supersedes and replaces any document previously agrees to by mr. and the plaintiffs. any waiver of any provisions shall constitute a waiver of any other provision (whether or not similar) or a continuing waiver.

8. confidentiality. except to enforce this agreement in a court of law following a default, the terms of this agreement shall be kept confidential by the plaintiffs and mr. the plaintiffs are permitted to disclose that they have entered into this agreement, but they are not permitted to disclose the terms of this agreement except in a court of law
9. it is acknowledged that the parties may execute this
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am in receipt of this settlement agreement. What exactly are you asking here - whether or not anything is missing, etc?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

My question is that i cannt come up with this 76000.00 i can go pay this judgement to clerk of the court 4 the 54610.00 should i let the may 17 th deadline pass & go pay the 54610.00 on may 20 so the agreement is voided ? can they get another judgement on the same case if i pay this in full ?? thanks mike

Expert:  Ely replied 1 year ago.
Mike,

1) Has this agreement already been filed with the Court?

2) In other words, you are asking what happens if you only pay PART of the amount of judgment, correct?
Customer: replied 1 year ago.

as far as i know the agreement hasnt been recorded with the court but it says under court that a agreement was reached & thats it doesnt say anything else & i want to just pay this recorded judgement off & void the agreement

Expert:  Ely replied 1 year ago.
Okay... is the other party in agreement with you paying less than the full amount?
Customer: replied 1 year ago.

no they want 76000.00 the recorded judgement is for 54610.00 i want to pay the recorded judgement on dox pop it says court gave 2 may 1 st & so its past with the court & really i want the recorded judgement off my back so should i wait till may 20 to pay ??

Expert:  Ely replied 1 year ago.
Thank you for your explanation, Mike.

What someone in your situation may wish to do is the following:

1) Go to the Court's registry and make the payment of whatever you can as soon as possible (not until May 20th); and then

2) File a Motion for Conference with the Court, serve the other party, and set it for a hearing.

The parties can then touch base on the matter before the Judge and work out any other left over amount, and if this amount is over the judgment or is otherwise illicit in some ways, it may be dropped by the Court.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

so if i call the clerk of the court go there & give them a certified check for the recorded judgement & this case is marked close can they get another judgement for the rest or not i donnt want to be the one who goes back at this judge & so if the clerk excepts the check & gives me a receipt then can they come back at me ???

Expert:  Ely replied 1 year ago.
Mike,

so if i call the clerk of the court go there & give them a certified check for the recorded judgement & this case is marked close can they get another judgement for the rest or not

No, they cannot. If you repay all that is paid on judgement as the Court has it (plus any interest) and the judgment is marked as satisfied, the party cannot demand MORE than the judgment provides for.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89094
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

so when i pay this recored judgement in full when can i award my wife 51 % of my business s ? shes been with me working by my side since we opened & she worked the 1st 5 yrs with no pay i was sued soly & i donnt want the corps in my name only anymore ?

Expert:  Ely replied 1 year ago.
Mike,

It looks like your question was also opened in a new thread which has already been answered by my colleague Paul here.
Customer: replied 1 year ago.

no i ment to ask you seperately & hoped i could get your answer as well ?

Expert:  Ely replied 1 year ago.
Friend - I would be happy to, however, I am currently away from the site. Would you be so kind as to give me until later on tonight to follow up? I would then be able to devote my full time to the question...
Customer: replied 1 year ago.

thank you !!!!

Expert:  Ely replied 1 year ago.
You got it. I have this thread saved; will touch base later tonight. Of course, you do not have to stay online all this time.

No need to reply to this communique. Until then.
Expert:  Ely replied 1 year ago.
M,

My apologies for the wait.

so when i pay this recored judgement in full when can i award my wife 51 % of my business s ? shes been with me working by my side since we opened & she worked the 1st 5 yrs with no pay i was sued soly & i donnt want the corps in my name only anymore ?

You may always put 51% of the company into her name. However, until/unless the judgment is certified in full and if the other party still attempts to make you pay by attaching assets, then the transfer may be attached via the Fraudulent Transfer Act under the presumption that you were attempting to hide the asset.

So it is best to settle the issue of judgment debt first.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89094
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 11 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Ely
Ely
Counselor at Law
20653 Satisfied Customers
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.