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I am the plaintiff in Wrongful Termination Case, Defense counsel committed fraud. I reported to the BPR , BPR does nothing

Dickson, TN |

The defense counsel was major stockholder in company I sued. When I filed he changed the name of the company 3 times & eventually sold restaurant as the suit progressed , Defense counsel has refused to submit sale documents and stockholder info, my attorney filed motions to compel & still nothing. In Nov 2012 defense counsel proposed a minor monetary settlement, after 3 1/2 years struggling to get defense counsel to comply with court orders, extensions & delays I agreed & signed. Structured settlement , payments to begin Jan 1 2013. On Jan 9th after attempting to contact Defense counsel daily for information on non receipt of payment he contacts my attorney and informs him that the company is financially unable to make payments & they will not comply with settlement knowing facts before

Attorney Answers 1


Sounds like break of settlement agreement and fraud to induce you to sign a settlement agreement. You and your attorney will need to strategize. Is it better to give notice that you are rescinding the settlement agreement and pursuing your full rights and remedies in court? Or, is it better to enforce terms of the settlement agreement.

One thing we do out here is secure an installment agreement settlement with a stipulated judgment -- meaning that if the defendant misses a payment, we can go into court and get a judgment against the defendant for the full amount and then try to collect. Or, we try to get an individual to guarantee the corporate defendant's debt.

I don't envy 3 years of hardball litigation. Good luck.

David Mallen

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

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Is there any action I can take against the attorney specifically? He was a major stockholder and now he represents the company, however his name is on the Agreement as President. This in and of itself says to me that he was aware of the financial status before he drew up the agreement. There is a catch here.. It NEVER went to court to be finalized.. I & my attorney ,signed the Agreement but THEY did not.. As for the individual guaranteeing to pay the debt my attorney said he would have to 'Breech the Corporate veil" as the individuals were not mentioned in the original complaint only the entity.. And yes sir.. 3 years of this has me at my wits end.. I hired a 'firm' and have had 6 attorneys and 9 paralegals .. I've been shifted so many times my head spins.. Thank You for your answer to this..



As I said the BPR said there is nothing they can do.. Who next? The State DA?

David Andrew Mallen

David Andrew Mallen


Truly sorry you are stuck in that situation. I am out here in California, where we have our own crazy rules, so I cannot ethically or legally advise you regarding TN rules.

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