Lawyer changed settlement agreement

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jdh4476

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I was sued to recover a credit card debt to American Express. With the help of an associate, we negotiated and entered into an agreement to avoid having to take it to court.

The lawyer never sent me the agreement in writing, but rather took it to court to be signed before the judge. Like an idiot, I forgot my license, and he would not allow me to sign and notarize the settlement. So the judge simply told him to send it to me to get signed and notarized.

When I received the settlement 2 days later, the lawyer had totally changed the agreement from the one that was agreed to by my associate, conveyed over the phone to my wife, shown to me in the courtroom, and on which I had made now 3 out of 12 payments. Now, the amount went from $6998.xx to $10,514.xx and he is ignoring the fact that I made any payments.

We have a court date sitting there in case we did not sign the agreement, so I can still take it back to court. While I have nothing in writing, I have three people to whom the agreement was conveyed and record of 3 payments (that precede his attempts to breach the agreement). What recourse do I have at this point? Do I dare take it back to court (considering I cannot afford a lawyer to argue it for me)?
 
I would take it back to court. Take the three witnesses and the canceled checks from the payments thus far. The worst that will happen is you will end up getting ruled against and have to pay the agreement that is now before you. The best outcome is it will be changed back and the lawyer will have some questions to answer.
 
You should continue to make your agreed payments, but be sure you have documentation of them.
You can settle this in court.
It is possible that there will be a copy of the previous agreement somewhere in the record. Hopefully you will be able to produce the original and show the discrepancy after the agreement was made.
 
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