• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Won a court case, now defendants lawyer wants to deal

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

EDS

Junior Member
What is the name of your state? California

I won a small claims case against a defendant (for a car accident). Since winning I have been contacted by a lawyer who claims he represents the defendant and has my money. The lawyer wants some documents from me and to have me sign some paperwork. My understanding is, once I get paid I notify the court I have been paid and that's it. Why would a lawyer be contacting me now? Should I sign documents or turn over documents to a lawyer after the case has been settled? What are my legal rights here?
 


Happy Trails

Senior Member
EDS said:
What is the name of your state? California

I won a small claims case against a defendant (for a car accident). Since winning I have been contacted by a lawyer who claims he represents the defendant and has my money. The lawyer wants some documents from me and to have me sign some paperwork. My understanding is, once I get paid I notify the court I have been paid and that's it. Why would a lawyer be contacting me now? Should I sign documents or turn over documents to a lawyer after the case has been settled? What are my legal rights here?
Why don't you have the lawyer send you the documents that they are asking you to sign and review them? It could just be something simple, such as a "satisfaction of judgement" document.
 

EDS

Junior Member
Happy Trails said:
Why don't you have the lawyer send you the documents that they are asking you to sign and review them? It could just be something simple, such as a "satisfaction of judgement" document.
I will, but I have to wonder why obtain a lawyer after the judgement has been obtained? Should I retain a lawyer to review these documents?

Once I've been paid in full and the check is cashed, the defendant must know the case is settled. All he/she has to do is show the court the cancelled check as evidence of payment.
 

Happy Trails

Senior Member
EDS said:
What is the name of your state? California

I won a small claims case against a defendant (for a car accident). Since winning I have been contacted by a lawyer who claims he represents the defendant and has my money. The lawyer wants some documents from me and to have me sign some paperwork. My understanding is, once I get paid I notify the court I have been paid and that's it. Why would a lawyer be contacting me now? Should I sign documents or turn over documents to a lawyer after the case has been settled? What are my legal rights here?
Well, if I had to make a guess, it would be they are protecting themselves from being sued by you in the future.

Being it is a car accident claim, they may have obtained a lawyer to release them of any further liability.

When you get the documents their motive should be made clear. If you are suspicious of the documents or need further clarification of what you will be signing, by all means have an attorney look them over.

Do not sign anything unless you are certain to what it is and agree to it.
 

EDS

Junior Member
Happy Trails said:
Well, if I had to make a guess, it would be they are protecting themselves from being sued by you in the future.

Being it is a car accident claim, they may have obtained a lawyer to release them of any further liability.

When you get the documents their motive should be made clear. If you are suspicious of the documents or need further clarification of what you will be signing, by all means have an attorney look them over.

Do not sign anything unless you are certain to what it is and agree to it.
You're right. We're definitely on the same page. I am assuming that this is just a formality and won’t sign anything that looks fishy.

Thank you for your responses. It's good to have another person’s point of view. :)
 

12legalhelp

Junior Member
You're right. We're definitely on the same page. I am assuming that this is just a formality and won’t sign anything that looks fishy.

Thank you for your responses. It's good to have another person’s point of view. :)
Hello EDS,

I am in the same shoes. How did you handle your scenario? Did you sign something before getting the payment?

My thread: https://forum.freeadvice.com/legal-ethics-lawyer-malpractice-89/defendants-lawyer-holding-payment-583713.html#post3095834

Any thoughts, please?

Thanks
HelpMe
 

TheGeekess

Keeper of the Kraken
Hello EDS,

I am in the same shoes. How did you handle your scenario? Did you sign something before getting the payment?

My thread: https://forum.freeadvice.com/legal-ethics-lawyer-malpractice-89/defendants-lawyer-holding-payment-583713.html#post3095834

Any thoughts, please?

Thanks
HelpMe

Not from the folks in this thread. It's been dead and buried for 7 years now. :cool:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top