What is a motion to enforce a settlement agreement?
“What is a motion to enforce a settlement agreement?”
A motion to enforce a settlement agreement is where we are asking a court to enforce the terms of a settlement — to make the defendant do what the defendant promised when it settled.
A case gets settled and sometimes we don’t have the settlement agreement already finalized. Or we do and the company we have sued wants to add terms and conditions that we never agreed to.
The most common example is wanting “super confidentiality” so we can never talk about the case.
We don’t agree to this and the companies we sue know this. So after we settle, they then “insist” on super confidentiality or they won’t pay what they agreed to pay.
(Because you — and us as your attorneys — cannot ever even mention the lawsuit or we all get sued by the bad guys. Crazy, right?)
They think they can blackmail us into agreeing to this to get the settlement money.
We have a much simpler and faster solution.
We go to the federal judge and ask that the settlement agreement be enforced — and often we are heading to sanctions against the companies who think they are above the law.
There was one company that admitted to the judge this was not a term but that they had the right to add it because they are a company.
The federal judge told them to either honor their agreement or:
- Fly their CEO to Birmingham
- Fly their General Counsel (top lawyer for company) to Birmingham
- Bring paper copies of every settlement agreement in the country
- Be there in court at 8 am on a Friday
- They would sit there till about 4pm
- Then the judge promised that they would be miserable flying back home Friday night
They immediately agreed to do what they promised to do.
You see these collection agencies or credit reporting companies, etc. are so arrogant they think they can get away with anything — we have to hold their feet to the fire.
You staying strong on the settlement and never bending to this stupid “super confidentiality” is key.
Hey, if these jokers don’t want to settle, that’s fine.
But if they settle, then it turns out they lied, we hammer them in federal court for this.
If you are ready to sue one of these companies — mortgage, debt collector, someone blowing up your cell phone, etc. — and if you are committed to getting what you are entitled to get, then give us a call.
1-205-879-2447 or you can contact us through our website and we’ll get right back to you.
Thanks for reading this — talk to you soon.