Question: What is the legal term used when a company enters into a class action settlement and then fails to follow thru on the terms of the settlement filed in court? If there is such a legal term/phrase?

What would be the recourse to get the company to comply w/the settlement that they agreed to?

Many thanks.

 

read about torte law for procedures. basically, you will have to file a motion at the issuing Court (need an attorney) with the original (not a dealer) product company's failure to provide relief. If a settlement was for 1500 dollars for a oh, say a 07 chevy with electrical wiring failure possible; note that labor does not enter into the settlement for FIXING the situation. little things like that, so make sure what you are being denied is actually in the settlement. Contact your local Better Business Bureau for free advice, state attorney general for any filings similiar to yours. check with another dealer even, but I don't know what circumstance you have.... a settlement may just pay for an inconvenience as it was determined to be acceptable between the priority parties (company and customer) and approved by the circuit Court judge(s). hope that helped a bit

 

Thank you....I'm working within a settlement and certainley within all reasonablenesss of the settlement and can't even begin to come to terms w/the company. They have failed to comply w/over seven clearly defined terms outlined in the settlement and seem to be pushing me aside. I've given them more than a year to adequately come to terms and provided everything they've asked for. I'm having a call this week w/them and have just about had it unless we settle. This motion you speak of ....I'm guessing this allows you to state the non-compliance issue? Thanks again.

 

You'll need a lawyer who knows this type of law. Basically, they are in contempt of court.

 

Thanks grouch.
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority. Often referred to simply as "contempt", such as a person "held in contempt", it is the judge's strongest power to impose sanctions for acts which disrupt the court's normal process.

A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems.

 

ohh and....
A person found in contempt of court is called a "contemnor." To prove contempt, the prosecutor or complainant must prove the four elements of contempt:
Existence of a lawful order
The contemnor's knowledge of the order
The contemnor's ability to comply
The contemnor's failure to comply

Thanks for the ammo.