Walnut, CA asked in Personal Injury, Civil Litigation and Civil Rights for California

Q: What can I do if the Settlement Admin. keeps pushing back the payment date without explination?

I am part of a class member lawsuit against LASD (Los Angeles Sheriff Department) They have already sent a check last year. The order was to send three equal checks to complete payment per member. However, this years check has been pushed back since January pushing date each month totaling 3 months of pushback. What can I do to receive payment, I have already sent an email with no response for the settlement administration office, and have filed a complaint to the BBB, no response as of yet.

3 Lawyer Answers
Lawrence  Glasner
Lawrence Glasner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Redding, CA
  • Licensed in California

A: You should contact class counsel, the lawyers who brought the class action and represented your interests. IF LASD is in breach of the class settlement agreement, they may want to bring a breach of contract action to compel payment and seek other remedies that may be available under the agreement. They should be in the best position to evaluate this matter.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: If the Settlement Administrator is repeatedly pushing back the payment date without explanation, there are a few steps you can take. Firstly, you can reach out to your lawyer or the law firm that represented you in the class action lawsuit. They may be able to contact the Settlement Administrator on your behalf and provide you with more information about the delay.

Additionally, you can check the terms of the settlement agreement to see if there are any provisions about payment timelines or penalties for delayed payments. If you believe that the Settlement Administrator is violating the terms of the agreement, you can bring this to the attention of the court that approved the settlement.

If all else fails, you can consider hiring a new lawyer or filing a motion to enforce the settlement agreement. However, these options can be time-consuming and expensive, so it's important to exhaust all other options before pursuing them.

Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: is the delay by your lawyer?............or the other side.

i would contact:

1. your lawyer

2. settlement administrator

3. consult with another lawyer to sub in IF the delay is by your lawyer...a la the Tom Girardi scenario

4. send a letter to your lawyer setting forth your concerns and that s/he has not responded to you... and if there is no response you will pursue any and all civil and or criminal remedies available.

5. though I don't like doing it, I would consider contacting the state bar if the delay is by your lawyer and there is no good excuse.

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