DerryNews.com, Derry, New Hampshire

Opinion

October 3, 2013

About the Law: Paperwork can't be served via voice mail

(Continued)

I know people resist retaining an attorney and want to “do it themselves,” but here’s why you don’t necessarily save money on your own. Any civil case is, in fact, settled only with two steps, a release between the parties and a proper court filing terminating the court case.

A release may be fancied up with the title “settlement agreement.” But, whatever you call it, this is a contract between the parties bringing a full final end to the claim forever, regardless of any future claims associated with the original matter even effects unknown at the time of settlement. This is signed by all parties and is usually private.

The court case does not end until a proper document is filed in court. Sometimes it is called a stipulation of dismissal. Sometimes it is called a “docket marking.” Civil litigation attorneys know which court accepts which document. These are the papers you need to walk away from the dispute.

Andrew Myers of Derry has law offices in Derry and North Andover. He is a member of the American Association for Justice and the New Hampshire Trial Lawyers Association. Send questions to andrew@attorney-myers.com.

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