I was summoned by a creditor. We had a trial date set and everything after the CMC. I spoke with the creditor's lawyer and we are settling out of court. I received a Notice of Settlement of Entire Case. The part I have a question about reads: "1b. Conditional. The settlement agreement conditions dismissal of this matter on the satisfactory completion of specific terms that are not to be performed within 45 days of the date of settlement. A request for dismissal will be filed no later than: 8/1/14"
What does this mean?
Below that it also has 4. Trial date and they checked no trial date set, but there is a trial date.
Debt Collection Attorney
it is telling the court that the dismissal of the case is conditioned upon a settlement which if paid will allow them to dismiss the case by no later than 8/1/14. This will allow the trial date to be vacated. The court will set a compliance hearing date to check on the status of the dismissal for some time after the stated date that the dismissal will be filed to make sure that this has been done.
Real Estate Attorney
Without reading the whole document, I am making some educated guesses. Sounds like this is a Stipulation for Entry of Judgment. In your settlement, you probably agreed to a payment arrangement that will take longer than 45 days. So, the complaint will be dismissed without prejudice and the matter will be taken off the trial calendar. If you default on the settlement, the complaint will be re-filed and the matter put back on the trial calendar or there may be a paragraph that allows the plaintiff to obtain a judgment against you by default. If you have questions, you should have an attorney review the entire document before you sign it.
DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Liewen Law is fully compliant with every State and Federal Law, including California SB 94 and the related Civil Code Sections, as well as the FTC Mortgage Assistance Relief Services (MARS) Final Rule. Liewen Law is a debt relief agency helping consumers file for bankruptcy relief under the United States Bankruptcy Code. Liewen Law maintains this website for marketing and informational purposes only. None of the information or materials on this site is legal advice. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. Said information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While we make every effort to keep this site accurate and up to date, we do not guarantee its accuracy and are not responsible for inaccuracies, errors, or omissions.
1 found this helpful