Signed Agreement, but no Check (California)

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Signed Agreement, but no Check (California)

Postby paduanow@yahoo.com on Wed May 06, 2009 7:01 am

I have two cases that I settled, both out of court.

Case 1. Signed agreement by DA back on 1/26/09. This insurance (Sedgwick)came back and requested a W9 form 10 days after the signed agreement. Sedgwick has paid before so I not sure why they are asking again. I've request payment by phone and in written to both the adjuster and DA. No reply. I am filing a DOR today. I should be able to get penalties or interest, but my time going back to court should cost something. My question. Can I get paid for my time going to court by the defense? If so, how much?

Case 2. DA called me from court just after the case C&R. He offered a settlement which was fair so I took it. He said he would send me the agreement to sign. I agreed. The attorney was one of the founders of a very large defense office so I had no problem with him sending me the agreement. Well, no money and no reply. Since I don't have anything in writing I believe I have to file a DOR and go to court. My question. Is there anything else I can do?
paduanow@yahoo.com
 
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Re: Signed Agreement, but no Check (California)

Postby rider001 on Wed May 06, 2009 4:22 pm

File a DOR in both cases. This should prompt payment without having to go to court again. I usually withdraw from an appearance if the check is received before the hearing date.

As to your question regarding additional monies from having to appear i'm not sure that you would be awarded anything above and beyond penalties and interest. As in most cases your DOR should be enough to prompt a check.
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