QUESTION
If I sign this release and they stop paying on their payment agreement, will we be able to sue again for the nonpayment of the new amount?
Asked on Jun 24th, 2013 on Bankruptcy - North Carolina
More details to this question:
One of our clients owes us money. We sued at magisterial level and won, they appealed to county court. They now agree that they owe us the money and have started making payments and have created a payment agreement.
2 ANSWERS
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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Under Illinois law, a settlement agreement / release does not include breach of the settlement agreement; however, it is always a good idea to exclude claims for breach of the agreement.
Answered on Jun 24th, 2013 at 8:29 PM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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Generally speaking you cannot sue for the same exact matter/breach/wrong doing. However, if you are asking about the scenario where a new agreement was reached (presumably in writing) and then that new agreement is breached, then you would still have recourse in court. Though at that point, it probably wouldn't be a lawsuit with a new complaint but rather a motion for contempt of court/violation of a court order (if your agreement is reduced to a court order) or a motion for breach of contract if it is just an agreement/contract.
Answered on Jun 24th, 2013 at 8:24 PM