My case was settled in October of 2019 my lawyer said that I would be paid before the year ended it is now January 22 and now he claims it will be paid before the month is over however I am concerned with how truthful he is due to the fact a portion was paid out to my daughter but not everyone else on the case. Your assistance in the matter will be greatly appreciated
Pursuant to CPLR § 5003-a, a defendant has twenty-one (21) days in which to make payment on a settlement from the date it receives the settlement papers. Although everyone's case was presumably settled at the same time, the defendant may have received each plaintiff's settlement papers on different dates. Also, some plaintiffs may have liens, e.g. Medicare, that need to be resolved before the proceeds can be released to the plaintiff. Under such circumstances, the attorney would have to retain the settlement monies until the lien was resolved and/or finalized.
Your best bet would be to call your attorney and find out the exact reason why you have not yet received your settlement proceeds. If you can't get an acceptable answer over the phone, make an appointment to see him in person and explain the delay.
Best regards,
Jonathan R. Ratchik, Esq.
Kramer, Dunleavy & Ratchik, PLLC
61 Broadway, Suite 2220
New York, NY 10006
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.