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  1. #1
    Join Date
    Sep 2019
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    Default Settlement Without Lawyer

    My question involves court procedures for the state of: Louisiana
    I hired a contractor to do some work on my home. His workers ended up damaging my home. His insurance denied the claim. I wanted to avoid going through the legal process of collecting a sum of money. So I convinced him to refund me the deposit and make three additional payments of cash to settle the damages. He agreed. What’s the best route to go about drawing up the settlement? Any links you can recommend? Should I just type specific terms and have us go to notary to sign? Will this hold up in court if it ever gets for that point? Would an attorney be best?

  2. #2
    Join Date
    Mar 2013
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    Default Re: Settlement Without Lawyer

    Quote Quoting CarbonNOLA
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    Would an attorney be best?
    Yes.

  3. #3
    Join Date
    Jul 2018
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    138

    Default Re: Settlement Without Lawyer

    What can you tell us about mechanics liens in the state of Louisiana and the implications and consequences to the property owner?

    Not much I suspect. So don't be so foolish as to think that you have the ability to negotiate a resolution involving subject matter about which you know very little or nothing about.

  4. #4
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    Feb 2020
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    Default Re: Settlement Without Lawyer

    Quote Quoting latigo
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    What can you tell us about mechanics liens in the state of Louisiana and the implications and consequences to the property owner?

    Not much I suspect. So don't be so foolish as to think that you have the ability to negotiate a resolution involving subject matter about which you know very little or nothing about.
    Maybe you should tell why you think understanding liens is so crucial instead of belittling the OP.

    Carbon, write up the details of what happened and repayment plan and both sign it. If he fails to pay, which is unlikely because you have his signature, then sue him. No attorney necessary.

  5. #5
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    Oct 2014
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    8,140

    Default Re: Settlement Without Lawyer

    Quote Quoting CarbonNOLA
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    I hired a contractor to do some work on my home. His workers ended up damaging my home.
    How much damage are we talking about? And did the contractor get fully paid for the work?

    Quote Quoting CarbonNOLA
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    What’s the best route to go about drawing up the settlement?
    That's largely related to how much is at stake here. While a lawyer can ensure the settlement agreement is written to cover all the bases it won't be worth hiring a lawyer for that if the amount involved here isn't very large. If you are settling for something less than the full damages that were done then among other things that should be in the settlement agreement you'll want a provision that the reserves the right to sue for the full amount of the damages caused if he fails to pay up. Otherwise you'll be limited to suing for just the settlement amount. Also, that reservation provides an added incentive for him to pay up. Also, if the contractor is organized as a corporation, LLC, LLP, or other limited liability entity you'd want to get the agreement with that entity and have the owner also personally guarantee it if you can. That will maximize your ability to collect should he default the agreement.

    Quote Quoting CarbonNOLA
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    Should I just type specific terms and have us go to notary to sign?
    It's not even necessary to use a notary. Contracts (and settlement agreements are contracts) are not required to be notarized. The only function of the notary is attesting that persons signing the document are the people they claim to be. That could be helpful if the contractor later denies he signed it, but you can enforce the contract without the notary.

    Quote Quoting CarbonNOLA
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    Will this hold up in court if it ever gets for that point?
    If you've written it clearly and can show the court he breached the contract it should not be difficult getting the judgment if he fails to pay.

  6. #6
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    Jul 2018
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    Default Re: Settlement Without Lawyer

    Quote Quoting CarbonNOLA
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    What’s the best route to go about drawing up the settlement?
    Hire a lawyer.


    Quote Quoting CarbonNOLA
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    Should I just type specific terms and have us go to notary to sign?
    Why would you think notarization would be either necessary or desirable?


    Quote Quoting CarbonNOLA
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    Will this hold up in court if it ever gets for that point?
    You're not seriously asking folks to opine about the enforceability of a document that hasn't yet been created, are you?

    Quote Quoting Harold99
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    If he fails to pay, which is unlikely because you have his signature, then sue him.
    That might be the silliest thing I've read all week.

  7. #7
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    Feb 2020
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    Default Re: Settlement Without Lawyer

    Quote Quoting pg1067
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    Hire a lawyer.
    Really? If you would hire a lawyer over something like this, you must have hired hundreds of lawyers in your lifetime. But something tells me you have never hired one.

    That might be the silliest thing I've read all week.
    Right. As if a signed contract between two people has zero influence over their willingness to settle that issue outside of a courtroom.

  8. #8
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    Jul 2018
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    Default Re: Settlement Without Lawyer

    Quote Quoting Harold99
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    Quote Quoting pg1067
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    Hire a lawyer.
    Really? If you would hire a lawyer over something like this, you must have hired hundreds of lawyers in your lifetime. But something tells me you have never hired one.
    First of all, while I have never hired a lawyer to represent me personally, I have, in fact, hired hundreds of lawyers in the time that I've been in-house. Second, you haven't clearly described what "something like this" means. In particular, you didn't bother to tell us how much money is at issue (either in your original post or in your follow up, despite having been prompted to do so). Third, you are the one who asked what the "best route" in connection with drafting a settlement agreement, and my answer to that question is quite accurate (esp. since your original post indicates you have no concept of how to do this yourself). You even contemplated as much with the last question in your original post ("Would an attorney be best?"), so I'm at a loss to understand why you seemingly think my response was unreasonable.

  9. #9
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Settlement Without Lawyer

    Psst - Harold99 is not the OP.

  10. #10
    Join Date
    Feb 2020
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    Default Re: Settlement Without Lawyer

    Quote Quoting pg1067
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    First of all, while I have never hired a lawyer to represent me personally, I have, in fact, hired hundreds of lawyers in the time that I've been in-house. Second, you haven't clearly described what "something like this" means. In particular, you didn't bother to tell us how much money is at issue (either in your original post or in your follow up, despite having been prompted to do so). Third, you are the one who asked what the "best route" in connection with drafting a settlement agreement, and my answer to that question is quite accurate (esp. since your original post indicates you have no concept of how to do this yourself). You even contemplated as much with the last question in your original post ("Would an attorney be best?"), so I'm at a loss to understand why you seemingly think my response was unreasonable.
    Should I expect a retraction from you?

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