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Usually the settlement agreement also states that if the settlement is not paid within that time, then the collecting party has the right to add interest to the unpaid amount. The prospect of paying interest is a powerful financial incentive for the defendant to pay the amount on time.
If there is an enforceable repayment clause in the settlement agreement, an employee who later breaches the terms of their settlement agreement may be ordered to repay all or some of the money they were paid by the employer, together with any legal fees incurred by the employer as a result of the breach.
The settlement agreement constitutes a binding contract and thus if either side breaches any of its terms, the other side can bring a claim through the courts. The employer may fail to make payment of the agreed amount or refuse to give the reference they agreed to.
Settlement agreements can be enforced by a judge if they aren't being followed. ... If they fail to do so, a judge can enter a judgement against the defendant and order them to pay the unpaid amounts. Because settlement agreements are typically made outside of court, enforcement can sometimes be limited.
The courts will enforce the settlement. If it is breached, the party in default could be sued for breach of that contract. ... The settlement of the lawsuit defines legal requirements of the parties and is often put in force by an order of the court after a joint stipulation by the parties.
As we mentioned before, most injured victims receive their settlement funds within about six weeks from the end of negotiations. However, additional delays can happen. If your settlement gets delayed extensively, and you're wondering what's going on, you should contact your personal injury lawyer.
In cases where attorneys receive the settlement funds from the insurance company quickly and don't have to pay out much to other agencies or individuals, it can take as little as 1-2 weeks for an injured person to receive their portion of the funds.
Money awarded through a lawsuit can be paid out as a single lump sum or as periodic payments through a structured settlement. Structured settlement annuities can be tailored to meet individual needs, but once agreed upon, the terms cannot be changed.
If your settlement documents do not state a time for payment, it typically takes 1 to 2 weeks for a settlement check to come.
A settlement is a contract between the parties to a lawsuit that ends the case without a trial. ... Once the parties reach a settlement agreement, it becomes a binding contract, which can only be rescinded for limited reasons, such as fraud by one of the parties. However, a settlement offer is just that -- an offer.
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