We filed a case in small claim court against one of our customers because the checks they paid were all bounced from the bank. We waited for hearing for over 9 months but it turned out the assistance of the judge standed on the defendant's side. He forced us to accept the settlement which was raised by defendant. And he also said something irresponsible like "if you don't accept this, you will get nothing" "if you don't accept this settlement, you need to get the goods back from the restaurants, but I believe they already finished all the goods" "you can see the judge, but if he filed bankruptcy, you will get nothing" "I don't think you want the settlement, why you require them to send you a check if they can pay by cash"...we are so upset now. We filed a case in the court is not only for money, but also for what is right. I feel like it was a threatening if we didn't accept the settlement, we would lose all the money. We actually gave up receiving any payment from this customer as their checks were bounced 5 times and the customer did nothing to settle before the case. We just want to get what we deserve and most importantly, we just want to gain respect & fair judgement!
This will depend on several factors that need to be discussed with an attorney, but generally, agreed judgments are enforceable. If it was simply an agreed settlement, it typically would be enforcable as contract. But each state is different, so best to consult an attorney.
Settlements are generally enforced. You would have to make a motion to vacate the settlement. Order the transcript if you do so.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
A settlement agreed to in open court, relied on by the other side, and which ends the proceedings, is generally enforceable as a breach of contract. As with any other contracts there are ways of avoiding the obligation or voiding the agreement, but there is nothing here that suggests those.
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