Legal Question in Personal Injury in Missouri

In 2007 my husband was in an accident. He was the one at fault. In 2010 he was sued for damage to the car and person. He agreed to pay said amount over a course of time till the total was paid off. He and the lawyer of the plantiff signed a Ciruit Court document with the goverment stamp and date, stating he would pay this particular amount. He never received paper work for this and a month later the lawyer tried to get more money. When my husband refused to pay the new amount and asked about the paperwork that was signed the lawyer basically hung up on him. A month later we received mail that the suit was dropped. We never agreed to this. My question is this. Talking to another lawyer it was implied that if both parties do NOT agree to drop the agreement an suit then basically this lawyer can not do this. He is now coming back for more money again. So is this true? Since we did not agree to drop this suit and the agreement can he really drop the original suit since we already came to an agreement?


Asked on 1/27/11, 10:01 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

In Missouri any person that files a lawsuit has the right to dismiss that lawsuit. But, if your lawsuit went to judgment, then the other side's lawyer cannot just "drop" it and seek more money. You should have your own attorney check the court file to see exactly what happened.

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Answered on 1/29/11, 2:15 pm


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