Why a Judge Must Approve a Minor's Settlement in the District of Columbia

By the FigureMyTax Editorial Team · How we calculate

A person entitled to bring an action for a minor can settle it, but the settlement is not valid unless approved by a judge of the court in which the action is pending.

The statute

D.C. Code 21-120(a) says a person entitled to maintain or defend an action on behalf of a minor child is competent to settle it and to give a full release, but the settlement is not valid unless approved by a judge of the court in which the action is pending.

If no lawsuit is pending

The statute speaks of the court in which the action is pending. It does not say how to obtain approval of a settlement made before suit, so ask an attorney how the Superior Court handles it. We could not read the Superior Court's rules or forms.

The $3,000 line

After deduction of fees, costs and all other expenses incident to the matter, no one may receive money or property for the minor if the net value exceeds $3,000 before being appointed by a court of competent jurisdiction as guardian of the estate and qualifying (21-120(b)). See how the guardian of the estate works.

Who is a minor

The age of majority in the District is 18 (46-101).

Deadlines

A personal injury claim for which no shorter limit is prescribed has 3 years (12-301(8)), and a person under 18 when the right accrues may bring the action within the time limited after the disability is removed (12-302). Ask an attorney before assuming you have time.

After approval

Read what we found about attorney fees, and run your numbers in the District of Columbia minor's settlement calculator.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how District of Columbia's rules apply to your specific case with a licensed District of Columbia attorney.