late settlement check

leagalities · #1 10-11-2008, 02:12 PM

What is the name of your state (only U.S. law)? California

Hello, I or we, my wife and I, are new to the forum today. We have recently came to a settlement agreement with whom I can not mention but we have a question regarding payment. On 9-25-2008 our attorney overnighted the official settlement agreement, they received on 9-26-2008. Per the agreement they had 14 days to remit payment, making the deadline 10-10-2008. Well the 10th came yesterday and no check. our attorney says "what are you going to do if it is 3 days late". Is this common for a check to be late? We have a feeling that she did not mail the agreement on the 25th, as another client of hers was involved in the same case and was not able to come into the office until 9-26-2008 to sign her official agreement. Our main question is what can we do if the payment is late, say a week or more? I have done some research where a penalty for late checks for a workers comp settlement was 20% What action do we have towards the defendant for not paying on time, or if our attorney did not mail it when she said is this OK for her to do? Before the agreement she was really nice but after the settlement she acts like what are you doing here when we come to the office inquiring about our payment.

thank you all for reading,
cordell

justalayman · #2 10-11-2008, 02:29 PM

was the settlement in lieu of proceeding to court?

If so, then if the person fails to pay, you proceed to court.

seniorjudge · #3 10-11-2008, 02:32 PM

Q: Is this common for a check to be late?

A: Anything involving lawyers is always slow.

Q: Our main question is what can we do if the payment is late, say a week or more?

A: You mean should you take the money or go without? Hmmm...what do YOU think?

Q: What action do we have towards the defendant for not paying on time, or if our attorney did not mail it when she said is this OK for her to do?

A: You can't blame the defendant for something your lawyer did. If you think your lawyer did something unethical, file a complaint with the state bar.

Before the agreement she was really nice but after the settlement she acts like what are you doing here when we come to the office inquiring about our payment.

Typical lawyer.

racer72 · #4 10-11-2008, 05:03 PM

Quote:

Per the agreement they had 14 days to remit payment,

You forgot a few things that can make this statement and the date you receive the payment totally different from your calculations. Does the agreement state that the payment is due 14 days from reciept or 14 days from signing of the agreement? If the answer is the former, what proof do you have that the person received the agreement on the 26th? If it's the latter, you could be waiting for a while for the money.

Quote:

I have done some research where a penalty for late checks for a workers comp settlement was 20%

Is this a worker's comp settlement? If the answer is yes, sue the bad person for the 20%. If the answer is no, your research was a waste of time. Also, unless the agreement has a stipulation for a penalty for late payment, you are not entitled to anything for a late payment. There are too many holes in your story to give the answer you want.

Quote:

Before the agreement she was really nice but after the settlement she acts like what are you doing here when we come to the office inquiring about our payment.

Because like your story here, you appear to be money hungry.

leagalities · #5 10-11-2008, 06:17 PM

Well some of the answers I like and others I dont. However I do appreciate them all. The settlement agreement was reach before court. It was a formal meeting with a mediator and everything. If the check shows up tomorrow I would be OK with that. I am just worried and thinking about it not arriving for 1 month or more. That is where I would expect something to happen. This case has drug on for 3 years already! Our attorney may or may have not mailed on the date he/she said, I dont think that would warrant a complaint, yet anyway. I reread the agreement/release and it was 14 days upon the receipt of signed agreement.

Quote:

Originally Posted by racer72

Because like your story here, you appear to be money hungry.

We are happy with the settlement just want it by the date stated. we stand to get 100k after all attorney fees and this is tax free. My wife and I already have a home we plan to buy. We want to close on this fast and dont want to look like liars as the check is being delayed.

I appreciate all feedback so far, it helped me see things a bit clearer. A few days late is not a big deal. The defendants attorney also told us they would be ordering the checks a.s.a.p. during the mediation. I think we are just jumping the gun...

Thank You All,
late check

lya · #6 10-11-2008, 09:58 PM

I just want to add a warning to avoid making contact with the person with whom you settled. You have an attorney and he/she is the only person who should make contact with anyone on the "other" side.

Best wishes,

ecmst12 · #7 10-11-2008, 10:33 PM

You can bet they waited until the last possible day to mail the check.

leagalities · #8 10-12-2008, 09:32 PM

Quote:

Originally Posted by lya

I just want to add a warning to avoid making contact with the person with whom you settled. You have an attorney and he/she is the only person who should make contact with anyone on the "other" side.

Best wishes,

lol Funny you say that as we thought of placing an anonymous call to the defendants attorney asking if check have been mailed.

As for waiting for the last minute, yeah I am totally agreeing with that. 1.4 million is a lot of $$$$!

leagalities · #9 10-16-2008, 05:47 PM

Just checking in for those who care. Still NO check. my attorney called Tuesday and said check was being overnighted from Connecticut on that day and should be in Thursday, today. After showing up at our attorneys office this afternoon it was changed to the end of the week. hrmmm

leagalities

leagalities · #10 10-20-2008, 09:54 PM

Hello all,

Today is the 20th of Oct. Our payment is over 10 days late. When do we worry, and when should my attorney take action? Every time we call our attorney or go by the office they act as if nothing is wrong. Are we over reacting on this? I cant get answers from my attorney anymore, I guess I shouldve asked all these questions before the agreement as now it like we are of no use anymore!

thank you

ecmst12 · #11 10-20-2008, 11:48 PM

Worry when your attorney tells you to worry.

Dandy Don · #12 10-21-2008, 12:10 PM

Is there any penalty in the settlement agreement for a late payment?

Is the check actually going to be mailed to your attorney's office and is the attorney going to put it in an escrow account under the attorney's control and then distribute the remaining share to you after attorney fees are deducted?

Ask your attorney whether attorney should make a new signed agreement with the other side to request that the monies be deposited by wire transfer (which is much quicker than waiting on a paper check to be mailed) and in the new agreement put a penalty for non-payment on time. And you need to get a REASON from your attorney as to what excuse the company is giving for why they have not made the payment. Is the company successful enough/financially stable enough to be able to afford such a large payment?

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

leagalities · #13 10-21-2008, 02:46 PM

I do not believe there were any stipulations as to a late payment. In the mediation the defendants attorney was saying they will remit payment very quickly. The company is successful and has insurance that covers lawsuits. I am typing what my attorney sent me about the check.

Per the settlement agreement, the defendant has 14 days to remit payment of $140,00. Your particular agreement was sent to the defendants attorney, by overnight mail, on September 25, 2008. Thus, assuming that he received the agreement on September 26, 2008, we can expect payment by October 10, 2008. Please allow for time for mailing, and some additional time for the settlement check to clear through my bank.

That is word for word. Last week our attorney told us the checks were sent out on Tuesday via overnight mail. Well today is one week after the overnight mail and our attorney has not received it. We were told nothing as to why it is late or when we can expect it. And when we try to call or go to the office I swear it is like we are inconveniencing them or something. Maybe that is not much $ to them but to us it is a nice chunk. A down payment for a home to be exact. We have already lost out on one we wanted to purchase by this late payment. :[ I guess it wasn't meant to be.

thanks