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  1. #1
    Join Date
    Oct 2010
    Posts
    10

    Default Notice of Settlement Dispute

    My question involves collection proceedings in the State of: California

    Has anyone out there experience the following legal path? Can someone tell me what I can do to get my answer filed?

    1. Plaintiff’s attorney files summons and serves defendant.
    2. Plaintiff’s attorney sends via e-mail settlement agreement with lines for Defendant’s signature.
    3. Defendant does not sign.
    4. Plaintiff’s attorney files with court “Notice of Settlement of Entire Case”.
    5. E-mailed settlement agreement terms expire.
    6. Defendant tries to file “Answer” but cannot because of “Notice of Settlement” filed.
    7. Defendant receives “Notice of Dismissal Hearing”.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Notice of Settlement Dispute

    From what you've told us, you should have filed an objection back at stage 4, and may presently need to file at least that and possibly a motion; it sounds like it's time for you to retain counsel.

    Are they claiming that you orally consented to the settlement? And were you implying here that you did, but changed your mind when you saw it in writing?

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