If we are suppose to talk every 6 months about raising the agreement do we go back to court if we cannot agree on an amount.

Asked about 3 years ago - Riverside, CA

In aug we signed an agreement for $50 a month. He is suppose to contact me every 6 months to discuss the possiblity of raising that amount. He has already let it be known that he will not raise it. If we cannot reach an agreement ourselves do we go back to court? And I am suppose to recieve payment by the 15th of every month. There is a 6 days grace period. he sends it after the 15th and says he can because of the grace period. I have told him repeatedly the grace period is for things like a payment lost in the mail etc. Am I right?

Attorney answers (1)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . Who knows? Without reviewing your agreement, it's impossible to know what your respective rights and remedies are, and without knowing anything about what you went to court for, no one can advise you about your status -is this a settlement agreement? Does it define grace period? Is it an unenforceable "agreement to agree"?

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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