Can my settlement and the case be dismissed due to a delay on my behalf in sending in the release forms? 1 Answers as of June 27, 2011I was bullied into taking a settlement by my attorney and the court clerk...I have not sent in the release as I think my attorney was not truthful with me and misrepresented me. My attorney is now threatening me that the case will be dismissed. Can this be true?
Law Office of Jared Altman | Jared Altman
Possibly. Depends on how and where the settlement was made. If the settlement was made in open court with a court reporter then you have to sign and return the releases. Your case is settled. If you don't send back the releases, then you just won't get paid. But, your case is over. Also, if you entered into a formal settlement agreement then you case is also over. One caveat, you might have grounds to set aside the settlement, even one made in open court, if you were not given full disclosure of what was going on or if someone misrepresented a material (i.e. important) fact(s) to you. If, on the other hand, the case was settled on a handshake or over the phone, then that means nothing and you don't have to honor it. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights! I am admitted to practice law in New York State only and cannot practice law in any other State.
Answer Applies to: New York