QUESTION
How do I overturn the settlement agreement my attorney wrote without my consent?
Asked on Jan 31st, 2015 on Divorce - California
More details to this question:
My lawyer misled me to settle with my husband. He wrote a settlement agreement without my consent. I am trying to overturn it, but the court hearing for this is more than a month away. My husband's attorney is forcing me to fulfill this agreement right now. How should I deal with them? Is it right for them to say this agreement is the court order, yet the truth is it has not been signed by the judge yet?
3 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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This is a textbook example of why you need to bring your papers to an attorney who needs to review the Court's file. Settlement agreements don't get adopted with your signature thereon or a sworn statement given by you orally in open Court. The agreement is not an order until it is adopted by an order which makes it so; that order's home is the Court's file.
Answered on Feb 03rd, 2015 at 4:26 AM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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A Settlement agreement is not a court order until it is submitted to the court and executed by the judge.
Answered on Feb 03rd, 2015 at 4:26 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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You would file a Request for Order to set aside and void the agreement based on fraud and perhaps coercion or duress. There are also grounds based on mistake.
Answered on Feb 02nd, 2015 at 1:50 PM