Settled a case at presuit mediation. Payment was to be made within 21 days. We are now over 30 days out, and all OC will tell me is that he requested the settlement draft and will let me know when it arrives. At what point do I file a complaint to enforce the settlement (and to seek fees and costs)?

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Never. Just chill grasshopper. Money’s on its way.

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I’m in ID btw - usually the one paying lol

Prepare the motion or judgment, then forward to him as a courtesy and say it will be files on X date unless paymwnt received on or before. Then you can get costs and interest and maybe fees.

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I would send a letter that outlines the payment due date and give OC reasonable time to get it to you, including giving an overnight account number. That way if OC does not get you the payment, you can attach the letter to your motion and look like the reasonable one when you file a motion. Just filing a motion will likely piss off a judge.

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Super helpful. Thank you.

Here in Texas I’m on the side writing checks and we have had ridiculously long delays caused by USPS. Checks sent from the carrier to us are taking 1-2 weeks and then another 1-2 weeks to go from us to PA. God forbid you do it certified.

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I'm probably too patient with this stuff. There was one time that payment took like 5 months though, so I finally told opposing counsel he had to get me payment now or I was going to file a motion to have interest added and start going directly after his client for payment, and he got me the payment very quickly after that.

Rookie question cause idk the answer: you can file a motion to enforce this even though there’s no underlying complaint filed?

Asking this for those who mentioned motion in the comments.

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