Next step? Settlement agreement made with lawyer

[Cocheese]

Texas - Thanks to great advice from this site, after being served with summons for a debt, I've managed to negotiate a settlement with the debt collectors lawyer. I did file my Original Answer, however there were several requests they filed that came with a 50 day time frame. Since they've accepted my offer, what do I need to ask their lawyer to do with the District Court they filed on me in? I was served almost 20 days ago. Answer was filed in time. There's still about 30 days left for me to produce nearly 20 items they originally requested for discovery and a dozen answers in the Request for Admissions. Just because we've made an agreement, what makes the court process stop? Do they file a dismissal? Continuance to make sure I live up to my agreement (which includes payments over 12 months)? Any info would be appreciated. Thanks,

 

[adjusterjack]

If your agreement is that they dismiss the lawsuit in exchange for your agreement to make payments then you'll want the agreement in writing signed by both parties AND (more importantly) a written Stipulation for Dismissal before you hand over the first nickel (or when you do). You'll want the attorney to prepare duplicate ORIGINALS with original signatures so you can take one with you. Then follow up with the court once or twice a week until the dismissal reaches the case file and the judge's order of dismissal appears. Or, make a copy of the Stipulation and take the original down to the courthouse and file it yourself.

 

[latigo]

Texas - Thanks to great advice from this site, after being served with summons for a debt, I've managed to negotiate a settlement with the debt collectors lawyer. I did file my Original Answer, however there were several requests they filed that came with a 50 day time frame. Since they've accepted my offer, what do I need to ask their lawyer to do with the District Court they filed on me in? I was served almost 20 days ago. Answer was filed in time. There's still about 30 days left for me to produce nearly 20 items they originally requested for discovery and a dozen answers in the Request for Admissions. Just because we've made an agreement, what makes the court process stop? Do they file a dismissal? Continuance to make sure I live up to my agreement (which includes payments over 12 months)? Any info would be appreciated. Thanks,

You don't need to ask their lawyer to do anything. You have no leverage. What should happen here is that the lawyer prepares a stipulation setting forth the terms of the settlement and the payment schedule. TO INCLUDE language to the effect that in the event of your default the plaintiff shall, without further notice, be entitled to the entry of a judgment against you in the amount of X number of dollars. Here abouts known as a "Consent Judgment".

You might wish as a face saving measure to have the stipulation provided that upon full and timely performance the plaintiff shall file a satisfaction thereof, but it would be superfluous.

If you are anticipating that the case is going to be dismissed at any time prior to payment in full of the stipulated compromise, then don't.

 

[latigo]

If your agreement is that they dismiss the lawsuit in exchange for your agreement to make payments then you'll want the agreement in writing signed by both parties AND (more importantly) a written Stipulation for Dismissal before you hand over the first nickel (or when you do). You'll want the attorney to prepare duplicate ORIGINALS with original signatures so you can take one with you. Then follow up with the court once or twice a week until the dismissal reaches the case file and the judge's order of dismissal appears. Or, make a copy of the Stipulation and take the original down to the courthouse and file it yourself.

If the agreement is that "they dismiss the lawsuit in exchange, etc., etc.," then the lawyer for the plaintiff is guilty of misfeasance!

Have you ever practiced law, jack?