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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88333
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Settlement agreement This settlement agreement (the agreement)

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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
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the copy of the agreement wording.

Did you sign this agreement?

The wording of this agreement is pretty clear, was this filed in court as part of the settlement?
Customer: replied 1 year ago.

yes i signed it & was going to go pay the recorded amount on monday the 20 th of may which is 3 days past when it was due ? also i guess one of the homeowners in this subdivison is a insurance salesman that just went to my fathers business yesterday & didnt know that it was my dads place & started telling my dad all about the case & that they had more money in the case then they were getting & so it appears they have broken the confidentiality of the agreement ? Should i have my dad call the guy to make appointment & document everything he says ? Eitheir way i donnt see myself as being free of the recorded judgement & so what do i do know ? thanks mike

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

First, if you signed this agreement you are bound to the agreement, just like the other party is bound to it. Thus, you have to pay them, but they too have breached the confidentiality agreement and you can file for breach of contract against them. What you need to do is get a notarized affidavit from your father and you need to send a letter to the attorney informing them that their client is in breach of the agreement and then inform them that you are willing to negotiate to avoid going to court, as your payment is not due yet you are not yet in breach so you can negotiate with them for a lesser amount based on their client's breach or negotiate to get more time to pay or a payment plan to pay the money you cannot pay towards the full amount.

This needs to be your next step, since you have until May 17 to make the payment and they do not really know you are going to be late yet, so negotiation is the best thing for you to do at this point.



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Customer: replied 1 year ago.

ok i will get a affadiate from my dad on everything this guy has said . but if i wait till after may 17 the deadline wonnt this agreement be no good anymore ? again the judgement the court awarded them i think isnt going to go away & thats why im on you for whats good for me ? and thats why my thoughts are to pay the recorded amount , to end their lever against me ?

Customer: replied 1 year ago.

it wasnt filed with the court as far as dox pop says & judge put in may 1 & case is closed ?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. Sorry for the delay in responding but this site crashed and I could not answer, I do apologize.

You need to do this now, before the 17th, you have time to get it done. If you wait until after the 17th, then you would be in breach of the agreement and could be sued for the breach of contract, as the settlement agreement is a contract. This is why you need to tell them they are in breach of contract for violating the confidentiality agreement ASAP so you can negotiate and you have leverage to do so under threat of suing them for breach of the agreement.
Customer: replied 1 year ago.

im not sure if they breached it good enough & the statement comes from my sister whom told my dad that he lived in the subdivion & they were mad over how much they have spent ect maybe not good enough that they were mad at judge feel hes on my side the agreement was faxed & i have original but that probally doesnt matter right ? so you say they can get anoyher judgement even if i go pay the clerk the full recorded amount ? i just cannt come up with the extra 22000 on top of paying off the judgement ?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your clarification.

I thought you said that the person made the comments directly to your dad, if it came from your sister who told your dad, that is hearsay and will not be much of a breach.

You need to keep negotiating with them and offer up the bulk of the payment and come up with a time frame when you will pay the balance and give them something concrete or what they can do is sue you for breach of the agreement for the balance and by the time they bring it to court chances are that you should have the balance paid and it will be moot and they likely know that as well, so if you actually pay the bulk and they see that they will be more likely to negotiate settlement for the balance.
Customer: replied 1 year ago.

my sister said she would do it for me & so ill see what they have so the judgement is 4 54610 they want me to pay 76000 & you say that now its the 76000 figure & i minus well forget about the recorded judgement amount now & think about the 76000 & even after may 17 if i fail to pay by the 17 im still nailed to the new figure of 76000 & if the affadavet doesnt work from my sister whom this homeowner in subdivison isnt 1 of the 15 people whos a plaintif ? that this faxed & not orginal copy doesnt matter eitheir by you looking at this agreement i have sent you has no way out for me ?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If your sister writes the affidavit and has it notarized, then you need to proceed in negotiating not to pursue breach of contract against them in exchange for them either reducing the $22K owed or just giving you a fixed time to pay up the remaining $22K that you cannot make.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88333
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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