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I had signed up a stipulation agreement in 2003(when I was overseaa)with First Select to waive the rights and time provision of California code of civil procedure section 583.160,583.210,583.310,583.360,583.410,and 583.420
despite the fact that I had not missed making payments to them. The outstanding amount wasaround $4800, and the payment I committed to make was over $7,000. I only have few more
payments to make, but I don't really think that this is fair. And since I am overseas, I do not have much choice as I have no resource or legal aid that I can get to. Please Help!!SOS!!

2006-11-02 17:40:52 · 2 answers · asked by averageMandy 1 in Politics & Government Law Enforcement & Police

2 answers

First, a stipulation agreeement is basically a contract. And it is just as enforcible as any other contract.

As far as the code sections you cited, that basically involves waiving the statute of limitations during the legal procedure. In other words, neither side can claim that the other one acted too slowly and lost their chance at court. Basically, it just preserves everyone's day in court.

As to whether it is fair, it's a contract. Not all contracts are fair. That doesn't necesssarily get you off the hook.

2006-11-05 11:39:38 · answer #1 · answered by Vicki Von 2 · 0 0

First, a stipulation agreeement is basically a contract. And it is just as enforcible as any other contract.

As far as the code sections you cited, that basically involves waiving the statute of limitations during the legal procedure. In other words, neither side can claim that the other one acted too slowly and lost their chance at court. Basically, it just preserves everyone's day in court.

As to whether it is fair, it's a contract. Not all contracts are fair. That doesn't necesssarily get you off the hook.

2006-11-03 01:46:54 · answer #2 · answered by coragryph 7 · 0 0

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