settlement payment with bad check

[oracle117]

california

in this situation, plaintiff refuses to sign settlement agreement mailed by defendant for many reasons i won't go into again. plaintif wants trial and wants settlement vacated and has motion coming up at a hearing.
in the meantime, defense keeps pressuring for her to sign the documents agreeing to settle (because they know they got a great deal and screwed her). She refuses.
so the defense takes it upon themselves to mail her the check from the company they represent in this pi case and demand she take it and sign a paper that she received it and the settlement is paid.

the check was written in july and says void in 60 days, which would have been 9/27/2004. the post mark on the envelope with the check is 8/8/04, so the check was void when she got it.

can she use this in any way in support of her motion to vacate settlement and request for trial on merits?

thanks

 

[I AM ALWAYS LIABLE]

california

in this situation, plaintiff refuses to sign settlement agreement mailed by defendant for many reasons i won't go into again. plaintif wants trial and wants settlement vacated and has motion coming up at a hearing.
in the meantime, defense keeps pressuring for her to sign the documents agreeing to settle (because they know they got a great deal and screwed her). She refuses.
so the defense takes it upon themselves to mail her the check from the company they represent in this pi case and demand she take it and sign a paper that she received it and the settlement is paid.

the check was written in july and says void in 60 days, which would have been 9/27/2004. the post mark on the envelope with the check is 8/8/04, so the check was void when she got it.

can she use this in any way in support of her motion to vacate settlement and request for trial on merits?

thanks

My response:

No, the check wasn't void. Look at the dates again. Regardless, if she cashed the check, then it's all over. The defense can obtain an order of the court that will force her to sign the "Release" if she fails to do so voluntarily. But, her end of the case is done.

IAAL

 

[oracle117]

correction

ca


sorry, I was wrong. the check is dated 7/27/2004. the envelope it came in and the letter with it was dated 10/5/2004 and she received it a few days after 10/5/2004. The check says void in 60 days or that would be 9/27 it was void and then mailed on 10/5. she did not cash the check and protested the settlement the morning after it was "agreed to". The settlement was negotiated between a new judge and the defendant in another room with no involvement whatsoever of the plaintiff who sat crying in a separate room. she is pro per. she has a hearing on motion to vacate settlement...can she use them sending the check and trying to get her to take it and then it being bad in any way?

thanks