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Post Judgment Settlement Agreement for the United States

Post Judgment Settlement Agreement Template for United States

A Post Judgment Settlement Agreement is a legally binding document used in the United States that outlines the terms and conditions for settling a previously entered court judgment. This agreement typically details how the judgment debtor will satisfy the judgment through agreed-upon payment terms, potentially different from the original judgment terms. It includes specific provisions about payment schedules, releases, and consequences of default, all while complying with both federal and state-specific laws regarding judgment settlements.

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What is a Post Judgment Settlement Agreement?

The Post Judgment Settlement Agreement is utilized when parties wish to resolve a court judgment through mutually acceptable terms that may differ from the original judgment. This document becomes necessary when the judgment debtor cannot immediately pay the full judgment amount or when both parties prefer to negotiate a structured settlement. The agreement, governed by U.S. federal and state laws, typically includes payment terms, release conditions, default provisions, and may incorporate security arrangements. It serves as a formal modification to the original judgment's enforcement terms while maintaining its legal validity.

What sections should be included in a Post Judgment Settlement Agreement?

1. Parties: Identification of judgment creditor and judgment debtor

2. Background: Details of original judgment including case number, date, and amount

3. Definitions: Key terms used throughout the agreement

4. Settlement Terms: Agreed payment amount and schedule

5. Release Provisions: Terms of release upon satisfaction of settlement

6. Governing Law: Jurisdiction and applicable law

7. Execution: Signature blocks and dating

What sections are optional to include in a Post Judgment Settlement Agreement?

1. Payment Security: Additional provisions for collateral or guarantees securing payment when required

2. Default Provisions: Consequences of breach, particularly relevant when installment payments are involved

3. Confidentiality: Terms of confidentiality when parties wish to keep settlement terms private

4. Tax Provisions: Specific provisions addressing tax treatment of settlement payments when tax implications need clarification

What schedules should be included in a Post Judgment Settlement Agreement?

1. Payment Schedule: Detailed breakdown of payment dates and amounts

2. Original Judgment: Copy of the original judgment being settled

3. Release Form: Form to be filed with court upon satisfaction

4. Security Documentation: Documentation of security arrangements if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
Clauses

























Industries

Federal Rules of Civil Procedure: Particularly Rule 68 governing settlement offers and procedures in federal courts. Essential for ensuring the settlement agreement complies with federal procedural requirements.

Fair Debt Collection Practices Act: Federal law that regulates debt collection practices. Must be considered if the judgment involves debt collection to ensure compliance with consumer protection provisions.

Consumer Credit Protection Act: Federal legislation that becomes relevant if wage garnishment is part of the settlement agreement, setting limits on garnishment amounts.

Bankruptcy Code: Federal laws governing bankruptcy that must be considered to ensure the settlement agreement doesn't violate any bankruptcy provisions or automatic stays.

State Civil Procedure Rules: State-specific procedural requirements that govern how settlements must be documented and filed with the court.

State Statute of Limitations: Time limits set by state law for enforcing judgments and filing settlement agreements.

State Judgment Enforcement Laws: State-specific regulations governing how judgments can be enforced and collected, including available enforcement mechanisms.

State Interest Rate Laws: State regulations determining permissible interest rates on judgments and settlement amounts.

State Settlement Requirements: Specific state requirements for the form and content of settlement agreements, including any mandatory provisions.

Internal Revenue Code: Federal tax provisions affecting the treatment and reporting of settlement payments, including any tax implications for both parties.

State Tax Laws: State-specific tax regulations affecting settlement payments and reporting requirements.

Jurisdictional Rules: Laws governing court jurisdiction over the judgment and settlement, including venue requirements and interstate enforcement provisions.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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