Civil Comp filed

[Disabled Vet]

Gentleman, Ladies, Others:

Question if I may,

A civil complaint was filed in Superior Court in Indiana. I know I must file my answer within 20 days of the complaint. Since the filing by the party their lawyer and I have reached a agreement. I have gotten a email from their attorney stating this:

Mr. ??,

This e-mail will confirm our telephone conversations yesterday that it is my understanding that the parties have reached a tentative settlement to resolve the lawsuit which was recently filed. I will prepare a Settlement Agreement for the parties to review and sign. As I informed you during our telephone conversation, I will take no further action on the lawsuit without notifying you in advance and giving you time to file an answer. I do not expect you to file an answer at this time since an agreement is in process of being prepared.

Please let me know if you have any questions. Thank you.

Question:
Do I still need to file my answer to the complaint?

Thank You

 

[army judge]

An answer isn't necessary. You've reached a settlement. The end of opposing counsel's letter even says an agreement isn't needed because you've reached a settlement.

 

[Disabled Vet]

I figured as such. Just wanted to make sure I wasn't missing some thing.

 

[Disabled Vet]

Another question please.

Settlement was reached... The terms of most of the settlement has a time frame for each item to be done. Except of the placement of the privacy fence which was left without a time to be done date.

One of the settlement items was the neighbor was required to trim the branches on his pine trees to a height of 7' feet to allow for the privacy fence placement. At the time of the settlement the height of the privacy fence code was limited to 6' high. The city has adjusted the height now to 8' max height. In the settlement there isn't any restricting the height of the privacy fence.

Since this new height limit I will be installing a 8' high fence. I email the neighbors attorney asking if the neighbors could trim their branches to 9' instead since the height of the fence will be 8'. I emailed him about 3 weeks ago with no reply. I email him again last week asking this request again. This time I made the settings on the email to verifty receipt and when the email was read. Still no answer from their attorney... I know by Indiana code that I could just cut the branches but I figured since cutting of the branches was included in the settlement it might be better to request thru the attorney.

Doesn't the attorney have a obligation to reply? The civil suit is still active because until all items in the settlement are on going they haven't filed for dismissal. The privacy fence is the last item to be done.

Thank you in advance

Michael

 

[army judge]

There is no legal requirement to respond to emails in any of the 50 disunited states.

If you want ensure a communication is delivered, a snail mail posting with return receipt works, as does FedEx or UPS.