Release Agreement Exclusions Explained

Summary

A release agreement may include reservations and exclusions, meaning certain claims, like non-performance, are not covered. To dismiss a small claims action with prejudice, clearly state reasons, any agreements, and concerns about non-performance. Include language specifying the motions filing timeline post-performance and require proof of completed actions. Adjust language to fit your specific agreement and consult a local attorney for personalized advice.

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how to counter language to file an action to dismiss a small claims action against a defendant with prejudice if you have concerns they may not perform
To dismiss a small claims action with prejudice, consider including the following language in your motion:
- State the reasons for dismissal clearly.
- Mention any agreement or settlement reached.
- Specify the concerns about the defendant’s potential non-performance.
- Highlight any agreed-upon reservations or exclusions.
Would you like more details on drafting this motion?
create language that this motion will be filed within x # of days after Plaintiff has specifically perform the things to be done
To address your request, here's a suggested language for your motion:
"Plaintiff shall file this motion to dismiss the small claims action with prejudice within [X] days after the Plaintiff has completed all specific actions required under the agreement. This filing is contingent upon the Plaintiff's full performance as outlined in the agreement's terms."
Feel free to adjust according to your specific situation and agreement details.
how to include to provide proof of the specific actions to be completed
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To include proof of specific actions completed in your motion, you could use the following language:
- "Plaintiff shall provide documented evidence of completed actions as outlined in the agreement."
- "Proof of performance must be submitted alongside the motion to dismiss."
Would you like more details on how to structure this documentation?