If an agreement is not signed but a creditor accepts the stated payment, doesn’t that still constitute agreement?

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If an agreement is not signed but a creditor accepts the stated payment, doesn’t that still constitute agreement?

I had a dispute with a past attorney over his bill. We agreed to settle. The attorney drafted the agreement the judge approved it, we signed it but the attorney did not (why who knows). After the proceedings the attorney appealed the settlement and the judge denied his motion. I have been paying the agreed amount on time for 10 months and the attorney has been cashing the money orders during this time. I only have 5 months to the satisfaction of the terms in the agreement. The attorney is now appealing the agreement again. His deposition is a paragraph long just stating he didn’t sign the agreement and for that reason it’s void. My question is since he drafted the agreement and has been cashing the payments outlined in the agreement isn’t he agreeing to the agreement?

Asked on October 20, 2011 under Bankruptcy Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Cashing the money orders indicates acceptance of the agreement and the attorney's latest appeal will probably be denied again by the judge.  You also have a strong argument in your favor that the attorney drafted the settlement agreement.  The attorney would not draft a settlement agreement with which he disagreed when he is one of the parties to the agreement.  This in addition to cashing the money orders indicates acceptance of the settlement agreement.


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