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Menu Foods Pet Recall out of court Settlement Agreement

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baluroses

Junior Member
What is the name of your state? CA

Need some legal advice -

My dog was affected by the pet food recall from Menu foods in March. Her kidney's shut down and she spent a considerable amount of time in the hospital. I am at an impasse with the insurance company in my attempt to settle the case and get payment. We have reached a monetary solution however, they are requiring that I sign release which states, "In consideration of the receipt of $ from Nutro, which is hereby acknowledged, Consumer, on behalf of himself or herself, and all of his or her successors, heirs, executors and affiliates, hereby releases and discharges the following:"

In this release it never states the dollar amount of the settlement offered nor does it state when they will release a check to me or that the release is not in effect until I have received a check and the check has been paid by the bank. I am very concerned that I could sign this releasing all of my rights and either I will never receive a check or they will not release a check to me within a short period of time and I will have no recourse. They are unwilling to add wording to the release stating this nor are they willing to send the check to one of their local offices so I could go in and give them the release at the same time as I receive the check.

At this point in time I have been informed there is nothing further that can be done if I will not sign the release they have provided. No further discussions will ensue on their end regarding this as well.

Does anyone have any advice on this situation?
 


ecmst12

Senior Member
If you don't receive the check, then the terms of the release have not been fulfilled and you CAN absolutely sue them. The release should, I think, include the amount, it wouldn't be complete without that information. But it doesn't have to give a date when they will release the check; it will be issued when they get the signed release back. Talk to a supervisor; the amount they are paying you is essential to the terms of your agreement not to sue them upon receiving.
 

You Are Guilty

Senior Member
The date they provide the check is negotiable - so start negotiating. Local court rules usually require payment within 21-30 days (maybe someone familiar with that part of the CA code can chime in), so that's as good as any place to begin your talks.
 

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