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Re-File Claim after Mediation Reached?

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S

shellspdf

Junior Member
I'm in CA. I took my ex to small claims for $1200 he owed me. We talked to a mediator and settled on $150/month payments because he said he couldn't afford anymore than that (I even asked for $200, and he said he couldn't pay that much). I just found out he is on vacation in Germany right now, obviously not broke enough to only pay $150/month to me. Can I take him back to court to overturn the mediation and get the whole payment, or am I stuck with the mediation agreement?
 


A

Antigone*

Senior Member
shellspdf said:
I'm in CA. I took my ex to small claims for $1200 he owed me. We talked to a mediator and settled on $150/month payments because he said he couldn't afford anymore than that (I even asked for $200, and he said he couldn't pay that much). I just found out he is on vacation in Germany right now, obviously not broke enough to only pay $150/month to me. Can I take him back to court to overturn the mediation and get the whole payment, or am I stuck with the mediation agreement?
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If he has not missed a payment then you have no right to take him back to court. Consider yourself lucky. Most small claims plaintiffs win their cases and never see a dime.
 
S

sandyclaus

Senior Member
sorry Charlie

A mediated settlement is as legally effective as a judgment. Unless he defaults on payments, you're stuck on the settlement and terms that you agreed to.

Sucks, though.
 
C

cosine

Senior Member
Others say you are stuck. The fact is you are not ... IF ... and this is a big IF ... you can show that he provided false information (e.g. he lied) in the mediation. It is not sufficient to merely claim it. You must have some proof. The fact that he took a trip to Germany is not such proof. Information about his finances might be. My point here is that you are not 100% screwed. You are probably 98% screwed.
 
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