Legal Question in Civil Litigation in New York
Settled... but how long until I get paid?
My lawsuit settled 9 weeks ago. My lawyer told me it would take 21 days until the settlement check arrived. The attorney for the defense is not returning phone calls. My lawyer says he negotiated everything over the phone, so we can't seek judgement and penalties because a court appointed person did not oversee the negotiations. What am I to do? Will I ever see this money? What recourse do I have? Thank you.
3 Answers from Attorneys
Re: Settled... but how long until I get paid?
If you have a written settlement agreement (stipulation), then your attorney should move to enforce it, producing a judgment in your favor. When I settle cases, I put a clause in the stip that I can enter judgment if no payment is received within 30 days, but that'd another story.) If your case was on the calendar, then your attorney needs to move to restore the case, vacate the stip, and proceed to trial.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.
Re: Settled... but how long until I get paid?
The terms of your written settlement agreement should dictate when you are to receive a settlement check etc. What does your settlement agreement state?
Re: Settled... but how long until I get paid?
9 weeks is really not that long. If you had gone thrugh a trial, you would probably be involved in a appeal which can take several years.
If nothing happens after another month tell your lawyer you are going to consult another lawyer and see what happens.
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