SETTLEMENTS OUT OF COURT

The legislature requires the Court (Judge) to have the parties attempt to negotiate a settlement one more times before the hearing. If a settlement is reached in your case, the terms of the agreement should be put in writing. You do not have to submit those terms to the Court unless requested by the Court. However, if those terms are not submitted, a dismissal without prejudice should be filed immediately with the Clerk of Court. If you settle your case and the Defendant is willing to pay you, and the payment arrangement is acceptable to you, you should ask the Clerk for a consent judgment form. This form will enable you to put the terms of the agreement in writing with both parties' signature and the Judge's signature. Should the Defendant fail to pay as per the consent judgment terms, you would not be required to appear in Court to start collection proceeding. If the Defendant does not work or have any money or assets, you may not be able to collect on your judgment. The Court cannot force the Defendant to pay the monies owed.