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Blog > 2017 > December > How to Enforce Settlement Payments

How to Enforce Settlement Payments

December 29, 2017
Enforce Settlement Payments

After the long hours invested into a personal injury claim most clients are happy to have reached a settlement. However shortly after this occurs, the waiting game begins. Defendants are typically given a window of time to pay the settlement agreement. While most are prompt with the matter, there are cases from time to time where the settlement check may be delayed by one excuse or another. When this happens, the plaintiff can have the settlement payment enforced by the courts.

How Does This Work

Two different laws work in the favor of the plaintiff. According to California Code of Insurance Regulations Section 26965.7, all settlements are to be paid within 30-days. However, if they are not paid, Code of Civil Procedure Section 664.6 authorizes the courts to enforce this timeframe and subsequent action. Additionally the laws give the court power to award the plaintiff additional damages for added court costs if the settlement is not paid in a timely manner and further action is necessary. How to Enforce Payment To enforce payment, start by contacting SM Law Group regarding the matter. They will file the necessary paperwork for noncompliance with the courts. The defendant should also be notified that they are in violation of the settlement agreement and the related laws regarding payment enforcement. For injury settlements, negotiation of enforcement may be complicated.

What are the Advantages of Hiring SM Law Group?

When it comes to personal injury and settlements, emotions are always heightened. This can lead to the plaintiff taking drastic measures to receive his funds. This is not a favorable option for any individuals involved. In some cases, the adverse reaction to non-payment may actually do more harm than good to the situation. Hiring one of our dedicated lawyers will alleviate this stress. In the capable hands of our team, your settlement and its enforcement will be handled properly in accordance to the laws set forth.

Keep in mind that not any lawyer will do. Our firm specializes in personal injury law and has successful experience with these types of cases. The circumstances of every personal injury case are unique. You want legal representation that dedicates the time and effort to advocate for you and takes all necessary measures to ensure you receive your settlement in accordance to the laws established.

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