How do I petition the courts for money they are holding in an accident case that was resolved?
Full Question:
Answer:
In Pennsylvania, a party is required to disburse settlement funds within 20 days of receiving a signed release. However, the court may be required to approve the settlement first. If the party fails to comply with the statute below, the party owed the funds can prepare an affidavit regarding the non-payment, submit required docmumentation, and ask the court for an order to pay the settlement amount plus sanctions.
Please see the following PA law for applicability:
RULE 229.1. SETTLEMENT FUNDS. FAILURE TO DELIVER. SANCTIONS
(a) As used in this rule,
"defendant" means a party released from a claim of liability pursuant
to an agreement of settlement;
"plaintiff" means a party who, by execution of a release pursuant to an
agreement of settlement, has agreed to forego a claim of liability
against a defendant. The term includes a defendant who asserts a
counterclaim;
"settlement funds" means any form of monetary exchange to a plaintiff
pursuant to an agreement of settlement, but not including the annuity or
future installment portion of a structured settlement.
(b) The parties may agree in writing to modify or waive any of the
provisions of this rule.
(c) If a plaintiff and a defendant have entered into an agreement of
settlement, the defendant shall deliver the settlement funds to the
attorney for the plaintiff, or to the plaintiff if unrepresented, within
twenty calendar days from receipt of an executed release.
Note: If court approval of the settlement is required, Rule 229.1 is
not operative until the settlement is so approved.
Upon receipt of the settlement funds, the plaintiff shall file a
discontinuance or deliver a discontinuance to the defendant.
(d) If settlement funds are not delivered to the plaintiff within the
time required by subdivision (c), the plaintiff may seek to
(1) invalidate the agreement of settlement as permitted by law, or
(2) impose sanctions on the defendant as provided in subdivision (e) of
this rule.
(e) A plaintiff seeking to impose sanctions on the defendant shall file
an affidavit with the court attesting to non-payment. The affidavit shall
be executed by the plaintiff's attorney and be accompanied by
(1) a copy of any document evidencing the terms of the settlement
agreement,
(2) a copy of the executed release,
(3) a copy of a receipt reflecting delivery of the executed release
more than twenty days prior to the date of filing of the affidavit,
(4) a certification by the attorney of the applicable interest rate,
(5) the form of order prescribed by subdivision (h), and
(6) a certification by the attorney that the affidavit and accompanying
documents have been served on the attorneys for all interested
parties.
(f) Upon receipt of the affidavit and supporting documentation required
by subdivision (e), the defendant shall have twenty days to file a
response.
(g) If the court finds that the defendant violated subdivision (c) of
this rule and that there is no material dispute as to the terms of the
settlement or the terms of the release, the court shall impose sanctions
in the form of interest calculated at the rate equal to the prime rate as
listed in the first edition of the Wall Street Journal published for each
calendar year for which the interest is awarded, plus one percent, not
compounded, running from the twenty-first day to the date of delivery of
the settlement funds, together with reasonable attorneys' fees incurred
in the preparation of the affidavit.
(h) The affidavit shall be accompanied by an order in substantially the
following form:
(Caption)
ORDER
AND NOW, ____________________________, upon consideration of the affidavit
of __________________, attorney for __________________ (Plaintiff), and the
exhibits thereto, and upon a finding that payment was not made within twenty
days of receipt of the executed release in the above captioned action, it is
ORDERED that, in addition to the settlement funds of $_____________________,
___________________ (Defendant) pay forthwith interest at the rate of _____%
on the aforementioned settlement funds from the twenty-first day to the date
of delivery of the settlement funds, together with $_____________________ in
attorneys' fees.
_________________________________
Judge
Note: The interest rate is determined in accordance with
subdivision (g) of this rule.
The defendant is the party who has failed to deliver settlement funds
as required by this rule. The plaintiff is the party who is seeking to
impose sanctions on the defendant for that failure.