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John
John, Attorney
Category: Legal
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Experience:  Licensed and practicing attorney.
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I have reached an agreement to settle a law suit that I am

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I have reached an agreement to settle a law suit that I am the plaintiff. I have had but currently do not have counsel. My question is the defendants counsel has asked me to deliver signed copies of the settlement agreement and court dismissal. He then will get signatures, file the dismissal and mail me back copies of the signed agreement and filed dismissal and the $50,000 check. Is this common practice or should I demand the check when I deliver the signed agreement and dismissal?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: ca
JA: Has anything been filed or reported?
Customer: there is a lawsuit and counter suit filed
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

It's common practice to require the signed copy of release before giving the cash of the settlement. The settlement agreement is a binding agreement in any event...so if they don't produce the cash, you then can sue them for breach of contract of the settlement agreement.

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Customer: replied 1 month ago.
I am wondering if I should be asking for the check when I deliver the signed documents to defendants counsel? Would this be unorthodox?
Customer: replied 1 month ago.
They are also asking for a dismissal with prejudice wouldn't this mean I couldn't sue them for breach of the settlement agreement if they don't pay?

No it wouldn't be unorthodox...tell the attorney you want a signed copy (signed by their client) of the agreement and when you sign it you'll hand deliver it to them with a signed dismissal and expect the check in exchange.

With prejudice would not prevent you from filing a claim over non-payment of the settlement amount because he settlement is a contract, seperae from the underlying action. Hope this answers your questions. Thanks.

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