Legal Question in Civil Litigation in Michigan

I was being sued by a company and entered into a settlement,after I signed the settlement agreement and mailed it back to the attorney,I received a copy that was turned in to the court and noticed that a sentence was crossed out and a sentence was handwritten in it's place.Does this void the agreement since something was changed after I signed and without my knowledge?


Asked on 6/17/11, 9:51 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You are not bound by language which was added after you signed the agreement. But if the change is material and was added before another party signed, there has been no actual agreement and the settlement is not valid. On the other hand, if the original language did not reflect the parties' actual agreement and the new language does, there shouldn't be a problem -- unless the parties disagree about the accuracy of the original language.

If you do not want to be bound by the new language, you should tell the court right away what has happened. It will not know the change was made after you signed unless you tell it. The longer you wait before speaking up, the less likely the court will be to believe you. I hope you made a copy of the agreement as it was when you signed it; if you didn't, and if the other parties dispute your claim, the court may be skeptical even if you act promptly.

Good luck.

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Answered on 6/17/11, 12:19 pm


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