Filtzer

BACKGROUND

On August 25, 2015, Filtzer filed a complaint for breach of contract and money had and received against Ernst, based upon Ernst’s failure to repay a $250,000 promissory note. On October 23, 2015, the parties entered into the Settlement Agreement providing that Ernst owed Filtzer $288,720.67 in principal and interest, plus $36,217.00 in attorneys’ fees and costs. The Settlement Agreement detailed a schedule for Ernst to pay Filtzer monthly, starting November 1, 2015, and ending on November 1, 2018. It also provided for three “Settlement

2 Payment Forebearance[s],” and stated that “[u]se of any or all of the three (3) Payment Forbearance months shall not extend the November 1, 2018 due date for the Final Payment.” The parties further agreed that Filtzer would enter a stipulated judgment, attached to the Settlement Agreement, if: “Defendants fail to timely deliver any of the Settlement Payments, unless Defendants have validly utilized a Payment Forbearance pursuant to the terms of this Agreement . . . However, upon Defendants’ failure to timely deliver any of the Settlement Payments, unless Defendants have validly utilized a Payment Forbearance pursuant to the terms of…