Monday 17 November 2014

I was being sued for non payment of a bill. The attorney and I have reached a payment agreement but I am prepared to pay in full. Am I still...

Question

I was being sued for non payment of a bill. The attorney and I have reached a payment agreement but I am prepared to pay in full. Am I still required to sign an Agreement of Confession?



Answer

You aren't required to do anything; but that just means the parties can't agree to a settlement and the case proceeds toward a trial. I've never recommended to anyone on Law Guru to get an attorney as urgently as I am now. Clearly you mean an "Affidavit of Confession." Seeing as you don't even know what that means, spend the three hundred dollars or so to have an attorney review your Settlement Agreement unless you're content with potentially screwing yourself. If the case is in court already, an Affidavit isn't required because there is CPLR rule which obviates the need for it; so it sounds like the other side's lawyer isn't so sharp or experienced.



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