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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33734
Experience:  Began practicing law in 1992
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I have filed a sm. claim suit and the defendant's atty has

Customer Question

I have filed a sm. claim suit and the defendant's atty has requested a settlement and provided me a copy of a release. They want me to sign the release and they will send me a check for the full amount plus costs if I will drop the suit. The court date is next week. What should I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Are you wanting to settle?

Customer: replied 1 year ago.
I am willing to settle for the amount sued and costs
Customer: replied 1 year ago.
The court hearing is set for next week. Should I sign the release form the defendant sent me? Do I need to go to the final court hearing?
Expert:  Dwayne B. replied 1 year ago.

The way most attorney would handle it is to have both parties sign off on the release but then have both parties, or the lawyers for both parties, show up at the final hearing to read the agreement into the record. Also, be sure there is a date whereby the money must be paid and be sure the agreement covers everything, including costs and then make sure that the agreement read into the record covers everything as well.

If you can't agree on going to the hearing and reading everything into the record then you can just sign off on it but be sure 1) it covers everything and 2) it has a date by which it must be paid.

Also, if you don't go to the hearing be sure and call the court and let them know there was an agreement reached and then send the court a letter confirming that this happened.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.