How do you pursue a defendant who did not comply with agreed settlement ?
What are the repercussions and consequences for the defendant for non-compliance with the court agreed settlement ? What are the next steps ? Can the pending summary judgment be reinitiated with the judge who was looking at it ? Can the judge who brokered the settlement now put the case on expedited track to pick a jury and go to trial ? Can the judge who had the pending judgment and was due to make a decision go back to it ? Held in contempt, sanctions ??? Can I now say to the court, forget about the settlement and go to court ?
2 attorney answers
If the settlement is also a court order ["so ordered"] the Court has power to compel compliance. If not, the settlement is treated as a contract between parties. A breach allows for another lawsuit in the nature of breach of contract.
The settlement is not tossed aside due to failure to comply.
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Was a judgment entered? If not then make an application to the judge for enforcement of the settlement or in the alternative for opening the case where it left off.