My husband was sued for payment by a company who provided clean up services after a water leak.
He was strongly advised by the bailiff to settle and not appear before the judge as he stood to lose our home. We made 3 payments of $400 to the company. We will have a balance of $3500. My husband has been out of work for 2 years. We have no more savings, no retirement, his car was repossessed. I make enough to feed us and pay for utilities. The house will be the next to go. We can no longer pay them.
Can we ask for relief? Have the settlement modified? What should we do?
The suit was only in his name.......all our assets are joint.
I agree with Mr. Cohen. You cannot modify a settlement agreement unless the other party is willing to modify it. You should also be advised that settlement agreements are often enforceable as judgments pursuant to Code of Civil Procedure section 664.6. That section applies to settlement agreements in writing outside of court, or in court on the record and assented to by all the parties.
If the original contractor was foreclosing a mechanic's lien, and the settlement provisions provided for that in the event of non-payment, I would suggest you not breach the settlement agreement until you speak to a bankruptcy attorney.
I agree with Mr. Cohen. You cannot modify a settlement agreement unless the other party is willing to modify it. You should also be advised that settlement agreements are often enforceable as judgments pursuant to Code of Civil Procedure section 664.6. That section applies to settlement agreements in writing outside of court, or in court on the record and assented to by all the parties.
If the original contractor was foreclosing a mechanic's lien, and the settlement provisions provided for that in the event of non-payment, I would suggest you not breach the settlement agreement until you speak to a bankruptcy attorney.
