Law Practice
Sep. 19, 2015
Settling for a penalty, correctly
Recent cases have raised questions about the validity of a common settlement agreement procedure and created uncertainty about its continued viability. By Bruce W. Hogan
It is common for commercial litigation lawsuits to be resolved by settlement agreements
which provide for installment payments and allow the defendant/debtor to pay a reduced
amount if all payments are made on time. If there is a default on the installment
payments, the plaintiff/creditor is entitled to file and enter a stipulation for judgment
in a greater amount, often the amount dema...
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