Tuesday, 16 September 2014

What are the risks to filing a motion to vacate a settlement agreement if you lose? Does one have to file before a judgment is entered?

Question

What are the risks to filing a motion to vacate a settlement agreement if you lose? Does one have to file before a judgment is entered?



Answer

If you merely have "buyers/sellers remorse" you will be wasting your time as the court will not vacate the settlement agreement. The other side could be awarded their attorney fees to oppose the motion. Judgments are not entered on settlements unless the parties request a judgment; if you did, it would be extremely difficult to set aide the judgment.



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