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When is settlement cash dude?

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aroeshop

Junior Member
What is the name of your state (only U.S. law)? CA

I am in the middle of a settlement. The stipulation is already signed and sent to court. When am I supposed to get the money from the settlement? Before signing the judgement papers or after? My lawyer has said after I sign the stipulation and we get confirmation from court and BEFORE we sign the judgement we are supposed to get the money. However he has lied about a couple of things lately and said he never said them so I am wondering whether or not to sign the judgement before getting the money.
 


mistoffolees

Senior Member
I would be surprised if your attorney said that you should get the money before the judge signs.

In general, nothing is final until signed off by the judge. I would certainly not want to send all the money to the other party before the decree was finalized and would be surprised that any attorney would advise his client to do so (or, in your case, expect the opponent to do so).

After the decree is signed by the judge, the money would have to be turned over within the time frame indicated by the judge. If the judge didn't indicate a time frame, then it would be expected to be completed within a reasonable time. That time might be different for a simple savings account than for something like a company 401K account.
 

justalayman

Senior Member
this is a settlement, not a judges award, correct?

You should not allow the case to be closed until you receive payment. Your only leverage to force the payment is to require payment prior to the judge dismissing the case.
 

aroeshop

Junior Member
It's a cash settlement plus the car being mine. The lawyer says after the judge signs the stipulation and BEFORE the final judgment is signed is when we are supposed to get paid. If we sign the final judgment without getting the cash we wouldn't have any leverage. So I am wondering if this is actually how it works or do I have to sign the final judgment and hope I get paid.
 

nextwife

Senior Member
It's a cash settlement plus the car being mine. The lawyer says after the judge signs the stipulation and BEFORE the final judgment is signed is when we are supposed to get paid. If we sign the final judgment without getting the cash we wouldn't have any leverage. So I am wondering if this is actually how it works or do I have to sign the final judgment and hope I get paid.
Does the car have a loan? Who is the borrower?

I sure as heck would NOT want to pay a settlement that is not firmly finalized.

That's like paying for the house before the seller comes around to sign the deed!

Wonder if a third party intermediary can hold the funds and the automobile transfer until they receive delivery of the finalized agreement? Like an escrow?
 
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mistoffolees

Senior Member
If we sign the final judgment without getting the cash we wouldn't have any leverage.
That is absolutely false.

If the final decree says that you are to receive something, then the other party must give it to you or they will be in contempt. There is not statutory requirement that they have to give it to you before the final judgment is signed.

Now, maybe you're not talking about a final divorce decree. If the paperwork you're holding off on signing is a release rather than a final decree, then what your attorney is saying makes sense. But I doubt if that's the case.

What EXACTLY is the document that has already been signed?

What EXACTLY is the document that you're waiting for the judge to sign?

I'm betting that you're waiting for a final decree and I would certainly not pay the other party until the final decree is signed. Until that moment, it can be changed.
 

aroeshop

Junior Member
I have signed a stipulation which outlines the agreement. My lawyer said we get something back from court then they have to pay to have us sign the final piece of paper that goes to court for final judgment.
 

mistoffolees

Senior Member
I have signed a stipulation which outlines the agreement. My lawyer said we get something back from court then they have to pay to have us sign the final piece of paper that goes to court for final judgment.
Yes, you've said that. But WHAT IS THE FINAL PIECE OF PAPER? 'Something' and 'the final piece of paper' doesn't elucidate at all.

If it's an acknowledgement of receipt of the money, then you obviously have to receive the money before you sign it. If it's a final divorce decree, then I wouldn't pay stbx anything until the final divorce decree is signed by the judge.

From what you've written, I'm assuming that you and your ex signed your stipulated agreement (which is what the two of you agreed to) and sent it to the judge. At that point it is not official since the judge could reject it or change it. It actually has little or no legal validity.

You appear to be waiting for the judge to sign. If that's correct, I would not recommend paying it, and I doubt if your stbx's attorney would want stbx to pay it until the decree is final.
 

LdiJ

Senior Member
It could be treated like many other settlements (non-divorce) where a cashier's check is brought to the signing of the final judgement/settlement and handed over at that time.
 

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