Your use of the word "defendants" suggests this is not a divorce action. In almost any other case, you will have a lawyer. This is a question best put to the lawyer. Frequently, the date of payment is worked out between the lawyers as part of the settlement agreement. In any event, I would expect the defendants' draft within 30 days. Generally, the draft is sent to your lawyer. Your lawyer will provide you with a settlement statement between you and the lawyer, dividing up the settlement and you will be asked to endorse the draft from the defendants. Your lawyer will deposit the defendants' settlement draft in the lawyer's client trust account. It can take up to a week for the draft to clear and the funds become available in your lawyer's trust account.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
Often a settlement agreement provides for when the settlement payment gets provided, so review what you signed. If you had a lawyer representing you, ask the lawyer.
If you didn't have a lawyer, maybe you didn't provide for this and neither did the paying defendants, in which case a judge if asked woudl presumably imply a "reasonable" time. See what your agreement provides regarding how you'd enforce the agreement, and whether the prevailing party gets their attorney's fees, which means you've got to hire a lawyer to get an fees.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
Hi, It depends on whether this is an insurance check, or a settlement from actual individuals. Talk to your attorney for the answer to this question. Good luck to you.
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