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A full and final release acts as a complete defence in the event that a subsequent action is brought by the same party, for the same cause of action. Full and final releases are implied in all settlement agreements.
Once a petition is accepted for filing, the judge has sixty (60) days to either grant a hearing or deny the motion. If the court decides to grant a hearing on the motion, the hearing must be held no more than 180 days after the motion was filed.
Eligible offenders may file for judicial release only after serving a required amount of time in state prison. Consecutive and concurrent sentences do not affect eligibility. Offenders serving less than two years can file after 30 days.
The purpose of a full and final release is simple. It is an explicit acknowledgement by the settling Plaintiff that it has agreed to resolve its claims as against one or more Defendants, and as a result of that settlement, it is releasing those Defendants from the claims at issue.
The way to apply for judicial release is by filing a motion. It is always better if you can go through a lawyer to file any motions with the court. The court is not required to appoint a lawyer to file your judicial release motion. You can write to your original attorney to ask if he or she will file the motion.
A release clause, or simply, a release, is an agreement between parties stating that one of the parties will forfeit their rights to a legal claim. It generally states that the party is relinquishing or giving up their right to sue or bring a lawsuit against the other party.
When a case is settled, the document that brings the case to a close is sometimes referred to as a "full and final release". These words mean that there is no going back.
A settlement agreement should be in writing....Those requirements include:An offer. This is what one party proposes to do, pay, etc.Acceptance.Valid consideration.Mutual assent.A legal purpose.A settlement agreement must also not be "unconscionable." This means that it cannot be illegal, fraudulent, or criminal.
Full and final settlement means that you ask your creditors to let you pay a lump sum instead of the full balance you owe on the debt. In return for having a lump-sum payment, the creditor agrees to write off the rest of the debt.