QUESTION

What happens if a settlement agreement doesn't have any teeth i.e default language, penalties or enforcement of agreement?

Asked on Jul 16th, 2023 on Debtor and Creditor - Michigan
More details to this question:
2 of 4 payments have been paid and oldest payment owed is one year late. I have filed a complaint but have not gotten an update in over a month from my current lawyer, same one who got me the settlement agreement. A concern I have after another lawyer point out here is asking if the agreement has any teeth in it to enforce the recovery of funds and after that was pointed out I don't really see any in the agreement. This was settled 2021 and had not noticed until now. How would I know what to look for that if my lawyer never made me aware of it or pointed it out during settlement negotiations or it being my first time in any sort of litigation. Aside from the teeth part would the settle agreement as it stands still have a chance to hold the other party accountable to still pay me what is owed (49K) under Michigan Law/history in cases like this as it goes through the legal process. I know there are variables and all but maybe someone here might have experience in a similar case.
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1 ANSWER

Real Estate Attorney serving Bloomfield Hills, MI
Partner at Borman-Lahti PLLC
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If the payer is in default on the settlement, either your current lawyer must agree to enforce or  you will need another lawyer to handle collection. again, the Settlement Agreement is controlling. good luck
Answered on Jul 17th, 2023 at 11:51 AM

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