Kentucky Motion to Enforce Settlement
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How to fill out Motion To Enforce Settlement?
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FAQ
Motions to Enforce Then, if one party is not complying with the settlement agreement, the other party may file a motion to enforce the agreement. In the motion, the party asks the court to enter a judgment pursuant to the settlement's terms. This applies when the settlement agreement is reached in pending litigation.
A settlement agreement need be signed by only one of the parties to be enforceable under Code of Civil Procedure §664.6.
In the event that there is a breach of a settlement agreement the offended party can: Initiate a civil claim in connection with the breach. Seek intervention by the court that would have had jurisdiction over the original dispute.
Aside from the obvious threat of having a malpractice action filed against you, you could face (1) a potential Rule 60(b) motion, where the court retains jurisdiction, the settlement monies are returned, and the case is reopened; (2) a motion to reopen based on fraud on the court, which likewise reopens the action and ...
Although the law presumes that settlement agreements are valid, they generally are subject to contract defenses, including mistake, unconscionability, duress, undue influence, and fraud.
If a party breaches the terms of the agreement, the other can bring a motion to enforce the consent to judgment. A consent to judgment can be an invaluable part of a mediated or negotiated settlement agreement since it disincentives a potential breach. It also makes enforcement more expeditious and less expensive.
If you can prove that a settlement is flawed, you can have it overturned. If a settlement agreement is signed under duress or deception, it might not be legal. A settlement agreement may also be revoked due to a mistake made by both parties or a false statement made by the other party.
