Legal Question in Personal Injury in New York

My son has a small claims court date comming up the defandants parents want to settle and pay for the hospital bills,but they do not want to give him this check untill he signs a release form and drops the court date He was given a photocopy of the check and the legal documents to sign,but whats to stop them from not giving the check after my son signs all he paper work and stops the court date?

Asked on 1/28/10, 5:40 pm

1 Answer from Attorneys

Paula McGill Paula McGill Attorney at Law

This is where a settlement agreement comes in to protect all parties.

The settlement agreement should say, among other things, that in consideration of dismissing the matter with prejudice, the defendants shall pay plaintiff $X dollars.

Both parties should sign the agreement.

Moreover, your son should accept certified funds only.

Also licensed and practicing in New York.

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Answered on 2/02/10, 7:35 pm

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