I signed a settlement agreement with an individual and began paying for 15 months without a problem. The agreement stated that all payments would be due on the 15th with a 10 day grace and only will the entire balance be due if there is no call during the grace period. I stopped paying only when the other party tried to force a change of the terms of the agreement and would not hold up their end of the deal. I saw this as an anticipatory breach as the other party would not accept payment unless it was on their terms( not the agreement terms). The agreement was submitted to the court on 03/26/11; the payment issue arose on 08/24/12; the party tried to garnish 08/27/12 (denied); and filed an appeal 01/13/13 (denied). Then after losing in both small claims and appellate court, the party petitioned the court (ex parte) and the court approved the agreement originally set back on 03/26/11, two and 1/2 years later?? So the party went back to small claims on 03/23/16 armed with the approval and won a second judgment for the same balance we had originally entered into a settlement agreement with on 03/26/2011. Can anything be done? Feel bend over a barrel here.
An attorney would need to review the documents to give you a thorough answer.
Without seeing the agreement and any other documents, it would be impossible to say. Take everything to a local attorney for review.
As stated by the other two attorneys on here, you need an attorney to review your documents. If the creditor breached the settlement documents, we have to determine if there is a CCP 664.6 provision which would allow you to enforce the terms. However, if the creditor has already received a judgment which you did not oppose, then an attorney would first have to set that aside. This is a little bit complex, and you really need to consult with an attorney.
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