I was given a Settlement document to pay off a judgement. We agreed on a total of 4000 to pay off the judgement and that is listed in the settlement amount, however in the settlement payment section it says a total of two payments of 1700 and 1300 to pay off the settlement in full. which is binding? the settlement agreement is already signed by the company.
4 Answers from Attorneys
It really is not one or the other - it could be both or neither depending on who is asked. It appears the document contains an scrivener's error. If you agreed on $4,000, the easy solution is to contact the creditor and have them correct it. If you sign and return with the intention of only paying $3,000, the creditor will rely on the $4,000 figure and the dispute will continue.
Obviously the document contains an error and you need to get it corrected, and reviewed by your lawyer, before signing.
If you sign the agreement, as that is what is in writing, that is what will be binding. If there is an error, have them correct it before you sign anything.
Without looking at the whole document, it can't be both so there must be a typo in the payments A total settlement of $4,000 payable in 2 installments of $1300 and $1700. My math says $1700 + $1300 = $3000. Obviously something does not add up - and one of the figures should be a "2" instead of a "1".
If you have the whole $4000 to pay in a lump sum, I am sure the creditor will not complain if you pay it all at once.
However, if the settlement agreement is not right, then make them send you a correct one. I have had to do that for several creditors. My policy is that I either get an acceptable settlement letter or the creditor gets no money. Most of them comply.