How to Reopen a Settlement
- 1). Find out the statute of limitations for your action. Statue of limitations laws were enacted to limit the period to bring an action. These laws determine whether or not the settlement can be reopened. Legislatures enacted these statutes in an attempt to avoid law suit abuse. States differ on the deadlines for civil and criminal cases.
- 2). Know the rules of your state. Each state has different rules for reopening a settlement. States generally follow the federal law on reopening settlements. The law says that there should be no intentional fraud in the settlement. While that is a fair standard, it also allows the states to define their own definitions of fraud. Check with your state bar association for specific information.
- 3). Select the appropriate attorney. Before selecting an attorney specializing in your type of case, do some research so you have a good idea of what to expect. This may save you from having unrealistic expectations. After researching, contact an attorney who specializes in your type of case. Contact your local bar association for advice about attorneys.