Legal Question in Personal Injury in California

how does a company get away with not paying on a settlement after it has been awarded.


Asked on 5/19/11, 8:09 am

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

The cant' get away with it. There are ways to enforce a judgment if you can find assets.

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Answered on 5/19/11, 8:42 am

Settlements are not awarded. Do you have a settlement or a judgment? If it is a settlement it also depends on whether or not it was a "judicially supervised settlement." If it was, you can file a motion under CCP section 664.6 to have the settlement turned into a judgment. You then use the statutory enforcement of judgment procedures to collect. If it was not judicially supervised, the settlement is a new contract and you must sue for breach of that contract.

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Answered on 5/19/11, 11:37 am


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