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

Asked over 1 year ago - 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)

  1. David Andrew Mallen

    Contributor Level 14

    Answered . 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... more

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