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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I settled a consumer fraud case against a bank 5 years ago.

Customer Question

I settled a consumer fraud case against a bank 5 years ago. Case was dismissed with prejudice by stipulation subject to the settlement agreement. Neither party asked the Superior Court to retain jurisdiction in case further action was necessary. Now defendant has breached the settlement agreement. Do I need a new case or would original court automatically have jurisdiction over a Motion to Enforce?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The Court still should have the jurisdiction. If the court originally had jurisdiction because the action occurred in said jurisdiction, then the same jurisdiction applies regardless. If the Court had jurisdiction if one of the parties (Plaintiff or Defendant) were domiciled there, then provided the party on which the jurisdiction was based is still domiciled there, the jurisdiction remains for enforcement action, then.

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Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ely replied 1 year ago.

Hello,

Thank you for your call request. The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts will receive the request as well, and they may agree to the call. They will also have your question(s) and my answer(s) to build upon, so nothing will be lost.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!