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2021 SPECIAL SESSION I

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HB 2193 Settlement agreements; staying of dismissal.

Introduced by: James A. "Jay" Leftwich | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Settlement agreements; stay of dismissal. Provides that, in any case in which a plaintiff or counterclaim plaintiff is seeking a civil judgment against a defendant or counterclaim defendant, if the parties enter into a written settlement agreement, upon request of the parties, a dismissal of such case shall be stayed to allow for full compliance with such settlement agreement. The bill requires the plaintiff or counterclaim plaintiff to file a notice of dismissal with the court once the defendant or counterclaim defendant has complied with the terms of such settlement agreement, which shall be treated as a dismissal with prejudice. The bill allows the plaintiff or counterclaim plaintiff to file a motion to enforce the terms of such settlement agreement if a defendant or counterclaim defendant is in default of any term of such agreement.

SUMMARY AS INTRODUCED:

Settlement agreements; indication of contingent dismissal. Provides that, in any case in which a creditor is seeking a money judgment against a debtor, if the parties indicate that they have entered into a written settlement agreement, the court shall indicate that dismissal of such case is contingent upon compliance with such agreement and provide for a continuance of the case to allow for full payment pursuant to the agreement. The bill requires a creditor to file a motion to dismiss with the court once full payment is made by the debtor. The bill allows a creditor to file a motion to enforce the terms of such settlement agreement if a debtor is in default of any terms of such agreement.