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What happens after "enforce of settlement is enforced and the defendant still hasn't paid?

Philadelphia, PA |

I was involved in a car accident which the other driver - rare ended me on highway , was driving a company's car . we went to arbritation - I won , they appeal . set a court date - they wanted to settle out of court - I refused . the day before settlement they agreed to amount . we signed documents . now , they never send in settlement . we filed " enforce of Settlement . still , till this day I have not recieved and my attorney is giving me the run around .

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Attorney answers 6

Posted

This is a question you need to discuss with your already retained attorney., He can proceed with proper procedures for finding you an answer.

Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Asker

Posted

This response is almost the same as my lawyers answer. "we are working on it'.

Posted

You need to have a sit down with your lawyer and find out what is going on. You have the right to have tis question answered by your representing attorney.

Asker

Posted

Only answers am getting is...we are working on it. hence why I address this question to see what avenues I can take or should be taken to settle this.

David B Pittman

David B Pittman

Posted

My answered your comment under Mr.Lassens answer..

Posted

I agree with the other attorneys that you need to speak with your attorney. If the case was filed in Philadelphia, there is a local court rule that they must pay within 20 days of receipt of the signed release and Order to Settle, Discontinue, and End the litigation. Furthermore, upon mailing of the check (presumably to your attorney) the defendant's insurance company must send you a letter saying the check was sent to your attorney.

If they fail to do so, then your attorney can either file a motion with the Court to enforce the settlement or go to trial.

Asker

Posted

Thats what I was referring to... WE already Filed ENFORCE THE SETTLEMENT-with interest acruing... I still havent heard anything after that... been since Dec 2011.

Jonathan Seth Corchnoy

Jonathan Seth Corchnoy

Posted

Then your attorney is probably waiting for the judge's order. You can check the docket at: https://fjdefile.phila.gov/efsfjd/zk_fjd_public_qry_00.zp_disclaimer/

Asker

Posted

Sorry for the miscommunication- we filed for enforce of settlement and have it. THE ORDERED/GRANTED SINCE DEC 2011

Asker

Posted

Thats why I posted the question- what to do after granted with enforce the settlemet was issued. still no settlement.

Posted

I agree that you should direct these questions to your attorney. Keep in mind, the turnaround time from settlement to check clearance could be as high as sixty days, that's assuming there are no disputes with the release language.

All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.

Posted

Something sounds fishy in Denmark. Best bet is to call the disciplinary board, and they will get to the bottom of this with lightning speed.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Asker

Posted

I thought so too. This order to enforced was issued and granged back in Dec 2011. Now we are entering 2013 still no answer. the suit was to a company- the driver was driving a company's rental car.

David B Pittman

David B Pittman

Posted

Send the lawyer a certified letter demanding answers. This is very unusual. Lawyers usually can't wait to disburse funds they can get paid...has the lawyer just never received the check or do you not know.?

Asker

Posted

Thank you!. I thought it sounded weird. I tried to call my lawyers office- I get vm all the time. Paralegal always say...leave a message. I need a direct answer. So I am not sure if its because the company isnt paying or something else.

David B Pittman

David B Pittman

Posted

Sending the certified letter should get their attention if you word it strongly

Posted

Set up a meeting with your attorney and have him review all details and papwork.

Asker

Posted

Thanks, I am trying to have a meeting...I get the run around with my own attorney's office. Never again shall I use them.

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