Categories
Uncategorized

can a consent order be set aside?

Many of us have wondered whether a consent order may be set aside.

A consent order  is basically a contract. It is a written agreement that may be enforced as a court order or judgment.  The agreement is entered by the parties in the suit and ones recorded and accepted by either side it is hard to rescind or set aside unless any of the following considerations come apply to ones case:

1) There must be any a cause that rescinds the contract ( duress, undue influence , mistake,misrepresentation)

2) The consent order or judgment must have been the product of collusion of fraud

3) If there was a lack f authority or the agent or the attorney has no authority to settle the case or settle the case in the way it was reflected in the consent order and

the third party knew of that fact or

as a result of the unauthorized acceptance of the consent order  he suffered a grave injustice.

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.