Still No Contract 6 months after Pre Trial Mediation Agreement

[uasteamfitter]

What is the name of your state (only U.S. law)? CA
3 years into a lawsuit that was brought upon my wife from an ex business partner. Trial was set for Jan 2013. She went to Pre Trial Mediation Oct. 2012 There was a Settlement Agreement Reached and all parties and attorneys signed the settlement agreement paperwork. My wife agreed to pay a total of $22.5k $5k due in 10 days. Then $500.00 a month for 35 months beginning Feb 15th 2013 She paid the $5k within the 10 days and has made 3 payments of $500 for a total of $6500.00 Their still is no contract other then the settlement agreement. Plaintiff attorney keeps making revision after revision. He sent a final draft and my wifes attorney said we are not signing the contract prior to Plaintiff signing. 6 months later still no contract and wife has been paying as agreed under the settlement agreement. What can we do??? Thank You.

 

[Dave1952]

You mention a mediation agreement and that seems to be doing well. Then, out of the blue, you begin talking about some contract that hasn't been drafted or signed. Back up and tell us about this contract.

 

[uasteamfitter]

You mention a mediation agreement and that seems to be doing well. Then, out of the blue, you begin talking about some contract that hasn't been drafted or signed. Back up and tell us about this contract.

Yes there was an agreement reached with the mediation judge about the total dollar amount, interest and payment amount and that paperwork was signed. A contract was to be drawn up for Settlement Agreement and Security Agreement that was to be a comprehensive that dotted the I's and crossed the T's. How the guy was to be paid, what method of payment, when payment was to be mailed, what happens if payment is missed or late. All the details other then the amount, down payment, monthly payments. The other attorney has been jerking us around. First he wants direct deposit, then he wants payment on first of month then he wants payment in hand by 15th of month, then he says its ok as long as its postmarked by 15th, Then he wants certified checks, then he mandates no signature required mail. Just a bunch of bull thats costing us more money and stress. The other attorney has made revision after revision on stupid stuff.

Our attorney says he can file a motion with the court to compel his signature as the agreement states the Plaintiff will sign the customary release. Our attorney said if this is necessary he will be entitled to attorney's fees and costs by the Plaintiff. We just want this over with. My wife and I were under the impression this was to be settled within 10 working days of the Hearing. The judge stated to make a contract and Pay the down payment within 10 working days.