I am striving to make our settlement work. If you step away from our settlement agreement and file any court proceeding, you will destroy both my incentive to fund the settlement, and my ability to fund anything. I’ve been very clear and up front about this aspect of our arrangement. The net effect of your seeking a consent judgment and not permitting me to continue to fund the settlement is this: I will be put in a position that prevents me from paying your client any more money.
My only way forward is to continue to fund the settlement agreement, whether in strict accordance with the agreement’s terms or not. My objective is to fund the amount called for in that agreement, whether precisely on schedule or not. The check sent to you was delivered solely for application to the settlement agreement. You are not authorized to apply those funds to any “consent judgment.” If you want to accept the funds already delivered for application to the settlement without waiving your ability to assert a breach, that’s fine. Otherwise, I’ll place a stop payment on the check.
Again, if you proceed to attempt to secure any judgment in this matter, my wherewithal and incentive to pay ends. The existence of court proceedings against me will immediately and adversely affect the business that I depend on to fund this settlement and stay afloat. I remain willing to work hard to fund our settlement arrangement. With flexibility, support, and cooperation on your end we can attain that objective. My commitment remains just as strong. I just need to be able to keep working toward our objective.
Sincerely,
