NJSBA Family Law Section

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  • 1.  Settlement Enforcement

    Posted 07-21-2014 09:58 AM
    I realize that reducing settlement to a writing is necessary.  However, my issue involves the definition of writing. 

    I settled a very difficult case (as most of them are).  My adversary is having health issues, so I confirmed in writing to her office that my client accepted the settlement.  My adversary's secretary called me to advise that her client had delivered the settlement check (cashier's check) to her office and that she would deliver the check to my office the following Monday (last week), per the Agreement. I confirmed that in writing too.  I drafted FJD and sent it over as well.  I got a call at the end of last week from my adversary that she had been "fired," her client picked up the check, and she then filed a Substitution of Attorney was received this past Thursday. 

    I would appreciate constructive comments. I agree with the comments last week that sarcasm does not belong in this forum.

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    Cynthia Ann Brassington, Esquire
    A Professional Corporation
    Linwood Commons, Suite F6
    2106 New Road
    Linwood, NJ   08221
    (609) 601-2323
    Certified by the Supreme Court of New Jersey as  Matrimonial Law Attorney