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I went to mediation 1 year ago and settled. I'm done paying but the other person is now attempting to get more money
Atlanta, GA
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Posted 5 months ago in Debt Collection
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if you have finished paying the total amount of the agreement that delt with a loan, can somebody just up and say a year later I owe for pain and suffering and interest and court cost, which I don't owe?
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Answers (1)
Paula Jeanette Mcgill
This attorney is licensed in Georgia and 3 other states.
Posted 5 months ago.
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I hope the mediation agreement is in writing and you have evidence of the payments you made.
Normally, when a settlement is reached during mediation, the terms of the settlement are memorialized in writing and the parties sign the document noting their agreement with the terms. This is usually done before leaving the mediator's office. The agreement should have stated that upon final payment the plaintiff is required to dismiss any outstanding lawsuits against you. If you lost the agreement, the mediator may have a copy in his/her records. If the written agreement relieves you of liability upon final payment, you don't have to make further payments. If the plaintiff hasn't filed a motion to dismiss with prejudice and he is required under the agreement, you need to demand that the plaintiff comply with the agreement. Otherwise, you may have to file a motion to compel the plantiff to comply with the settlement agreement. Attorney's fees may be warranted against the plaintiff if you are forced to take this matter to court. If you want to discuss this further, you can contact me (licensed in Georgia). |
