Legal Question in Civil Litigation in California

Plaintiff's Attorney cancels agreement

I was sued. Although the plaintiffs were awarded a very small amount that was offset by a settlement already agreed to by another party, I had a judgment against me for court costs. The amount of the judgement was $9300. We offered to pay them $8000 and they countered us with an offer of $9000. We agreed to the $9000 and sent them a check. A week later the plaintiff's attorney sent my attorney a letter claiming that we had tried to hide our assets when we took out a line of credit several months prior to our offer and he was now rescinding the agreement and if we did not pay the entire amount he would file suit against us again. The entire amount was only another $300. but he keeps causing me to incur more legal fees. I refuse to pay because we accepted his offer and I never attempted to hide any assets. I believe that he negotiated this settlement without consulting his clients who are probably angry at the poor outcome of the trial in which they received nothing from me but had legal fees in excess of $90,000. The check was made out to both the plaintiff's and their attorney. I want to know what happens to the check if he refuses to cash it and what happens to the judgment against me?


Asked on 6/22/04, 1:46 am

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Plaintiff's Attorney cancels agreement

There normally has to be a pretty good reason to unwind a settlement. We will be happy to review your settlement agreement, the court file, and your letters/correspondence. Please contact our office at 714 363 0220 to set up an appointment. Although we are in southern California, we handle cases throughout California and can consult with you by phone.

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Answered on 6/22/04, 9:01 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Plaintiff's Attorney cancels agreement

If the attorney had no authority to bind his/her client, then there is no agreement. If nothing else, he/she should return the check.

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Answered on 6/22/04, 4:08 pm


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