California | Civil Litigation
Legal Question
Interest on Settlement Payment
I was the Plaintiff in a lawsuit that was settled in my favor. There were two sets of defendants represented by different attorneys, but covered by the same insurer. At the Settlement Hearing, the Court ordered payment within twenty days of the Hearing. The first check was dated four days after the Hearing and the second check was dated eleven days after the Hearing. Forty days after the Hearing, or twenty days after the Court mandated date, my attorney advised me that both checks had arrived with apologies from both sets of defendants’ counsel. They had “simply neglected to forward them.”
I understand that I am entitled to twenty days interest on the settlement amount. This amounts to several hundred dollars (at 10%) and I can certainly use the money. What approach should I use in demanding payment of the interest from these attorneys? Is there any Code(s) that will support my demand? Although I see this as the last resort, I am prepared to take these attorneys to Small Claims Court.
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