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I the plaintiff, agreed to an out of court settlement with…

Customer Question
I the plaintiff, agreed...

I the plaintiff, agreed to an out of court settlement with the defendant and agreed to pay his costs. The defendant as violated this agreement on all 5 counts and continues to do so. Am I still compelled to pay this attorney's costs

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am actually in South Africa

Lawyer's Assistant: What steps have you taken so far?

I asked the defendants attorney if I still had to pay considering this and was told that I should pay within 24 hours or they would have my goods attached. But I was originally allowed 90 day to pay ending 4th June 2018

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that the defendant continues to harass me and violate these conditions almost daily

Submitted: 17 days ago.Category: South Africa Law
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Answered in 20 hours by:
5/11/2018
Lawyer: Christiaan K,
 replied 16 days ago
Christiaan K
Category: South Africa Law
Satisfied Customers: 212
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified

Good day

My name is ***** ***** I will assist you in answering your question today so please feel free to ask as many follow-up questions as you like until you are satisfied that I have answered your question.

I assume that the settlement was made a court order?

If it was made a court order, the next question is if you agreed to pay a fixed amount as contribution towards his legal costs or not. If you did agree to an amount, you have to pay that amount and if it was agreed that you can pay 4 June 2018, than the Defendants attorneys cannot unilaterally change the date. You simply need to remind them about the fact that you have until 4 June 2018.

If you did not agree to pay a fixed amount, only to pay his costs, then you do not have to pay anything until the defendant has taxed his bill of costs. That usually takes a couple of months to do.

You should not refuse to pay what you agreed to pay simply because the defendant is breaching the terms of the agreement. You have a remedy for that but you cannot enforce it if you also failed to upheld your end of the deal.

You can approach court again and ask for the committal of the defendant based on contempt of court or you might even have another remedy available to you, depending on the agreement that you reached with him. Best is to go back to your attorneys and to have them assist you in taking further legal action against the defendant in order to keep him honest.

I trust that this answered your question.

Please be so kind as to rate my service by clicking on the relevant stars or smiley faces. If you do not rate my service, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively.

Regards

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Customer reply replied 16 days ago
Hello Chris, I agreed to pay his costs and that is a court order. But it appears the agreement for the defendant to desist from harassment etc was not. It seems this was simply an agreement. If I wish to have the costs taxed
does his attorney have these sent for taxing or do I, and will this be for my account? My attorney advised me not to have this taxed as the costs for taxing my exceed what might be deducted. I simply cannot see the need to pay his costs if he is not compelled in anyway to abide by the agreement and can continue to harass me.
Customer reply replied 16 days ago
No thanks if you can just email thanks
Lawyer: Christiaan K,
 replied 15 days ago

Sorry for only getting back to you now.

Like I said, if you did not agree to a fixed amount then he wil not be able to issue summons until he has taxed his bill of costs. It is something they must do and you must receive notification of the intent to tax the bill of costs and have the opportunity to oppose same if you wish.

Not sure what happened regarding the balance of your claim re the harassment. If nothing was recorded then I am afraid you may have to institute new harassment proceedings if he continues to harass you. The fact that you had to tender costs shows that there was something wrong with your case or else your attorney would not have advised you to agree to pay. Costs only follow the successful party so you might have to instruct a new attorney to assist you.

Please remember to rate.

Regards

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Category: South Africa Law
Satisfied Customers: 212
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