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Old 03-15-2004, 08:58 PM
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settling judgment


What is the name of your state? ohio When a person is in the process of negotiating a settlement for a judgment/lien with the claimant's attorney, is it possible for the claimmant's attorney to hit the defendent's checking for the full amount of the judgment even though a lesser amount has been agreed to in writing? The scenario is this: Judgment was for 24K, Plaintiff agreed to 16K, defendent could only come up with 12K cash so then plaintiff agreed to 12K cash and a particular item worth 4K. The item in question did not appraise for 4K. Defendent now has the extra 4K to add to the 12K, the original cash amount agreed to settle this mess. It took a week to get an appraisal for the 4K item and defendent was just notified today the item didn't appraise out for 4K, so he's concerned they might go after his checking account for the full amount of judgment before he can get the extra 4k to claimant's attorney. Where does he stand? Should he be heading down to his bank tomorrow to close out his account to be on the safe side?
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