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How do I enforce a settlement agreement?

Long Beach, CA |

I recently sued my former employer and the case was settled at the settlement conference. The employer paid the first two payments but has not paid the last two. What options do I have?

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Attorney answers 3

Posted

Bring a motion to the judge to enforce the settlement agreement.

Posted

You can obtain a Writ of Execution and lien the employer's bank accounts and/or garnish his wages. Look at the settlement agreement, there may be a provision for attorney fees in the event enforcement is necessary. In that case, you might want to find an attorney wiling to take on the enforcement part of this matter. Good luck.

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Posted

Much depends on the status of your paper.

If you have a settlement agreement, but the action was dismissed as a result (i.e., there's no judgment), then all you can do is sue to enforce the agreement.

If you actually have a judgment, then all the tools available for enforcing a judgment (such as attaching a bank account) are available to you.

Without looking at your papers, there's no way to specifically advise you. I suggest you meet with an attorney for an hour to see what rights and remedies you have.

Antoinette Cara Liewen

Antoinette Cara Liewen

Posted

Great point, Mr. Perry. I made the assumption that a Judgment was entered. If there is a Stipulation for Entry of Judgment and a default in the terms, then normally the Judgment can be entered against the defaulting party. The questioner should have all the documents reviewed by an attorney.

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