I agreed to a settlement in NY and have since changed my mind. It is less than a yr. Can I have the case restored?
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I agreed to a settlement in NY and have since changed my mind. It is less than a yr. Can I have the case restored?
My agreement consisted of a written authorization and Isigned a petition in compromise and an accounting, but not a stipulation. It is not quite a year since the case was disposed.
Asked on May 6, 2009 under Personal Injury, New York
Answers:
R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Are you an adult--over 18? Are you competent to enter into agreements? Have you already received the money? The case has probably been discontinued. And since it's been over 6 months, it's almost impossible to restore a case to the calendar that has been dismissed via a stipulation of voluntary discontinance. So, if you are competent, and an adult, and were not coerced into signing anything, then this is probably a chapter you have to put behind you. And move on.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Courts and justice demand finality. Changing one's mind interferes with finality, and attempts to do so are not looked upon with favor. No society can exist where everyone just changes his mind and reopens everything.
Here it certainly sounds as if you signed enough documents to make your consent to settlement very clear and obvious.
"I just changed my mind" is a loser. If, on the other hand, someone held a gun to your head and said "EITHER YOUR SIGNATURE OR YOUR BRAINS WILL BE ON THE PAPER" (The Godfather, Part I) that would be a different story.
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