R
Robcat75
Guest
What is the name of your state? Ga.
I sued a bank & mobile home dealer for fraud on contract in state court. The FDIC took over bank and transfered my case to federal court.
My attorney and their attorney rather then go to trial came to settlement agreement that the mobile home dealer would pay my attorney fees $6,000 and reimburse me for old home,clear my credit report, give title back to land I used for collacteral,and take new home back. The bank would also pay my att. $1,000.
THE dealers attorney decided he would go after att. who drew up the original contract, I joined w/defendant in this matter and the closing attorney agreed to a settlement between myself and defendant, mind now this is a completley different settlement.
Defendants, attorney used this to pay his and my attorney fees, reimbursed me for old home then took balance and divided it between the def., and myself.
When we went to court to finalize suit I bought this to Judges attention. That the def. had not paid fees agreed upon that in reality I paid my on attorney & self for old home, from that settlement. That defendant had not paid out of his own pocket as agreed upon. He told me I needed to sign settlement and case was closed without prejudice. He also made remark that the attoneys were all friends of his,now what did that matter?
I asked for reconcideration and submitted documents to the effect of side settlement and where the money had come from and the judge turned me down again saying I had got all I was entitled too. Even wrote the judge after that and he sent me a letter saying although settlement wasn't clear I got all I was suppose to get. If it wasn't why did he have me sign it?
I even went to small claims court to enforce agreement because the final one stated that I personally was to be paid $6000.00
to be given to my former attorney. Was turned down again this judge said that he was not stepping on Fed. Judges toes. My finalazation was in Sept. and reconcederation was Nov., small claims was in Feb. 2004. Do I have any alternatives or am I just dumb? I always thought that a settlement was to be spilt 50/50 and that what ever someone owed someone would come from their share not from both shares. Thanks fo any help.
Robcat75
I sued a bank & mobile home dealer for fraud on contract in state court. The FDIC took over bank and transfered my case to federal court.
My attorney and their attorney rather then go to trial came to settlement agreement that the mobile home dealer would pay my attorney fees $6,000 and reimburse me for old home,clear my credit report, give title back to land I used for collacteral,and take new home back. The bank would also pay my att. $1,000.
THE dealers attorney decided he would go after att. who drew up the original contract, I joined w/defendant in this matter and the closing attorney agreed to a settlement between myself and defendant, mind now this is a completley different settlement.
Defendants, attorney used this to pay his and my attorney fees, reimbursed me for old home then took balance and divided it between the def., and myself.
When we went to court to finalize suit I bought this to Judges attention. That the def. had not paid fees agreed upon that in reality I paid my on attorney & self for old home, from that settlement. That defendant had not paid out of his own pocket as agreed upon. He told me I needed to sign settlement and case was closed without prejudice. He also made remark that the attoneys were all friends of his,now what did that matter?
I asked for reconcideration and submitted documents to the effect of side settlement and where the money had come from and the judge turned me down again saying I had got all I was entitled too. Even wrote the judge after that and he sent me a letter saying although settlement wasn't clear I got all I was suppose to get. If it wasn't why did he have me sign it?
I even went to small claims court to enforce agreement because the final one stated that I personally was to be paid $6000.00
to be given to my former attorney. Was turned down again this judge said that he was not stepping on Fed. Judges toes. My finalazation was in Sept. and reconcederation was Nov., small claims was in Feb. 2004. Do I have any alternatives or am I just dumb? I always thought that a settlement was to be spilt 50/50 and that what ever someone owed someone would come from their share not from both shares. Thanks fo any help.
Robcat75