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How do I file a settlement agreement?

Highland Village, TX |

My ex-husband filed a baseless claim trying to get a access to a college fund for our kids that was set up 12 years ago when we got divorced. I spent several thousands of dollars fighting this with it never going to court. My ex-husband recently filed a non-suit dismissal because he no longer had money to fight it. I threatened to file sanctions to recover my legal fees claiming frivolous lawsuit. We agreed to settlement terms that his attorney was supposed to file with the dismissal and I would not file sanctions. Unfortunately, his attorney never filed the settlement agreement. I do not have the money to file sanctions since I am a single mom and have 2 kids in college. How do I file the settlement agreement if the non-suit has already been filed and the case closed?

Attorney Answers 3


Hire a lawyer. You can't settle a closed case.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

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Sounds like you got screwed. I don't understand how you had legal fees and yet your attorney didn't handle this. If more than 30 days have passed since the dismissal (nonsuit) order, the court lacks jurisdiction to enter sanctions. If there is a signed settlement contract/agreement, you may have a new lawsuit for breach of contract. Everything depends on how long ago the dismissal order was signed and the language of the settlement agreement. See an attorney today.

Ms. Laster practices in Dallas, Denton, Collin and Tarrant Counties. Principal office located in Lake Dallas, Texas. This does not establish an attorney/client relationship.

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If you have an attorney, talk to your attorney today. Your options may be extremely limited depending on the amount of time that has passed since the nonsuit was filed and case closed. If you do not have an attorney, consult with one as soon as possible.

This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship.

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