05-25-2012 11:54 AM
On Nov 29, 2007 I had a default judgment entered against me from the apartments I was living at for 569.70 plus fees. On Dec 7, 2007 I paid them $886.29 which was my balance as of 11/29/07. I have tried and tried to get them to file a satisfaction since the November rent judgment was paid. First, the lady at the property mgmt co said if I pay them $114.00 more dollars, they will file a satisfaction, I said no, I have already paid this judgment. Then the manager at the apartment just flat out said, I'm not filing a satisfaction for November because you didn't pay December (December was later included in a BK which they didn't even file a claim on and there is no judgment for Dec). I tried to explain that November and December can't be combined, the judgment is for November and that is paid. She wouldn't budge. So now, I have a Motion to Dismiss all prepared to go file (I'm a little scared....) because I don't want it to appear that it took me 5 years to pay this when it took 5 days and they have just refused to do their part. Should I go ahead and file my motion to dismiss and just let the judge sort it out?
05-25-2012 01:57 PM
Your primary issue at this point is satisfaction of the court's judgment, not vacating the judgment. The issue of dismissal of the judgment is a separate matter. Payment does not equate to vacating the judgment.
You can send a motion to vacate, but I would first raise as the primary issue your showing of satisfaction of the judgment, and their refusal to notify the court, as is probably required under the rules of civil procedure in your jurisdiction, of satisfaction of the terms set forth in the judgment. The court may very well take it upon themselves, if they find blatant disregard by the creditor, to vacate as a matter of equity.
05-25-2012 02:37 PM
I did write a "letter" stating that this had been paid and that the creditor has refused on multiple occassions to file the satisfaction. I didn't go into them asking me for the additional $$ to file it because I'm not there to talk smack, I'm there to persuade the judge to see it my way. I have proof of the payment - they even gave me my ledger showing the payment which I have attached to my motion. Basically, I just asked the court, based on my explanation, to dismiss so that it didn't look like I just paid it. I have checked with the court clerk and in Oklahoma they do not have a specific time to file the satisfaction as they do in some places but I am sure eventually they do have to do it - probably when someone asks them to. But you're right they do show a blatant disregard and I feel that they have had their pound of flesh since this has been sitting on my credit as unpaid for 5 years. I didn't get to go to the courthouse today to file it, hopefully I will get by there next week sometime.
05-25-2012 06:59 PM
Dont worry about talking smack I would definitely state what you said about the original creditor and ask the court to vacate the judgement. Hold on to that payment for life!!!
05-25-2012 09:04 PM - edited 05-25-2012 09:06 PM
Each state has very specific time lines for vacating a judgment. I do not know your state laws, but if you made a payment on the default judgment it would be extremely unlikely that you have any basis to vacate the judgment. In addition, it appears you have no basis to dismiss the case based on the information provided.
If you can prove that you paid the judgment in full, you can file a motion with the court to enter a satisfaction of judgment on your behalf. You need to speak with an attorney in your jurisdiction to determine the procedure for filing the motion and for seeking the satisfaction of judgment. In addition, if you can prove that the original creditor refused to submit the satisfaction of judgment after you paid, you may be able to obtain costs, (maybe sanctions), against the original creditor.
You may have other causes of action against the original creditor if they were attempting to collect a debt that was in fact discharged in BK. Again, you need to speak with an attorney to determine the laws in your state.
05-26-2012 10:30 AM
Whats so funny, I filed a Chapter 13 pro se, went perfectly smooth. No issues at all. But this stupid judgment and just trying to get rid of it is throwing me for a complete loop. And no, I really have no legal basis for dismissal, I was just going to take a shot in the dark that the judge would dismiss based on the fact that the creditor will never satisy this and they have told me this, the have tried to get more money out of me (stating that $114.00 was additional money I owed before December) and the countless other things they have done. I did talk to their attorney, the one who filed the judgment for them and told him the situation and he even said, sounds to me like you paid it. The ladies at the court clerk office are extremely helpful, I may just take an afternoon off work and gather all my stuff and go down there. They did tell me they have forms for everything there and will help me with them. Geez, what a pain....