I do have a lawyer, we went to the mediation. I was put under great pressure from my lawyer and the mediator. I begged for just 24 hours to think about it, but they said no.It does say on the contact that I have 21 days to sign, but when I asked i was told that it only applies to someone at older age. i think it was 40 years old.so I signed. After I did I regret it and latterly called my lawyer everyday for ten days asking if I can get out of this unfair settlement. but I was always told I couldn't. I was told that they will send the check after 30 days, and Now it's been 2 month. I keep asking my lawyer what is the status and how much time they can prolong this and all I hear back is that they are being jerks. please give me a legal answer. how long it will take for the check?
I am sorry to hear about your problem. Without looking at the terms of the settlement agreement that you signed, it is not possible for any attorney to evaluate you case. Your attorney has a duty to keep you informed of your case. I would send an email to your attorney asking for (i) a copy of the "fully executed settlement agreement"; and (ii) a status update as to payment. If your attorney continues to ignore you, inform your attorney that you are contemplating filing a formal complaint with the California State Bar.
The check is/was due when the settlement agreement states as the due date. Read the agreement and if there is no due date, call your attorney and have him/her demand payment of the settlement funds or you will sue for breach of contract. If your attorney does not respond, retain an employment law attorney to read the contract and then advise you and/or write a demand letter to the opposing party and demand payment or threaten to sue for breach of contract. Find contact info on Avvo.com. Kristine Karila, Employment Law Attorney and Mediator
Unfortunately, you are in a situation where your options are unsatisfactory and ultimately unhelpful. When you have a settlement agreement, you have a contract that calls for payment within a prescribed time. A failure to pay within the prescribed time will usually be considered a breach of the agreement, unless the failure to pay was the fault of you or your attorney in not getting necessary documentation back to the defendant in a timely manner, i.e., you breached first.
Assuming the defendant is in breach of the payment provision, your remedy is to sue for breach of contract. However that remedy is rarely acceptable unless the defendant is refusing to perform altogether. If it is simply a matter of delayed performance, your damages would be interest from the date the payment should have been made to the date it is made. The court costs and attorney fees would easily be far more than the interest damages to which you would be entitled. Also, it could take a year or more to get into court on the new claim. By then you will have received the payment. Therefore, you really have no practical remedy other than to patiently wait for the check.
As to the pressure placed on you to settle the case, no one placed a gun to your head. You could have said no, but you didn't. While it is unfortunate that the dynamics of litigation and settlement are that quick, important decisions need to be made, you made it based on what your attorney was advising and what the mediator was telling you at the time. You have no one else to blame but yourself. Sorry, but that is the truth.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
Unless your settlement agreement prescribes penalties for late payment, you have no entitlement to penalties. You only have entitlement to interest, and that will most likely be impractical for you to pursue given the amount you'd stand to recover.
With regard to the fact you were pressured to settle, you probably have no legal remedy for that. Ultimately, you still had a decision, and you chose to sign the settlement agreement.
Your attorney has an obligation to keep you informed on the status of your case, but sometimes if there is no news then there's no news. Do not expect your attorney to update you daily if the situation has not changed. If your lawyer handled this case on a contingency fee basis for you, which I imagine they did, he/she is probably just as anxious to get the settlement check as you are.
I hope this situation resolves for you soon. Good luck.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.
You can certainly have your settlement agreement reviewed by a lawyer who can see what remedy was included.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline