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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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my mom got a call from cna they are cutting off her checks

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my mom got a call from cna they are cutting off her checks for almost 5 years due to back lawyer fees plus intrest can they do that? she sued fruit of the loom in early 1980's due to injury. she won case. was awarded a life time medical and disability. they stopped paying her medical in 2004. and now saying no more checks effective last week and called her last friday to let her know. she is 70 and they are stopping her disability until 2018.. what to do?

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I am very sorry to learn of this unfortunate matter. Your mother's matter appears to have resolved in a settlement agreement. The agreement itself should be a contract that either your mother, or her attorney will have. These agreements have enforcement provisions in most cases which give the Court the authority to force the party that has failed to perform the way they were supposed to (They did not give your mother her benefits) to do so.

If there is an enforcement clause in the settlement agreement, you can take it to the Court and ask for the terms of the agreement to be enforced (there is usually an attorney's fees provision which means your mother can hire an attorney and the other side will be forced to pay for it if they lose).

If there is no enforcement clause, you can first attempt to reopen the original suit and try to get the Court to enforce the settlement as part of your mother's original case. Many courts do not like to open older files, and your mother will need to file a lawsuit for declaratory relief against the other side for breach of contract in civil court and ask that the Court enforce the terms of the contract between your mother and the company.

I hope the above is helpful, and I hope that your mother is given her proper benefits under the contract quickly. Best regards, Bill.

Customer: replied 4 years ago.

what is enforcement clause?

An enforcement clause is a paragraph or statement in the settlement agreement that says something like this: "If either party fails to perform as required under the terms of this agreement, the other party may bring suit to enforce this action, and shall be entitled to attorneys fees and costs for such action".

It is a way to enforce the terms of the agreement (make both sides do what they said they would do).
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