Legal brilliance requested! (RobertEG)

[Anonymous]

This is an old story that I have written about before, but I have a new question.  I still haven't filed anything with the courts  (as I discussed in another post about this same thing).  Here's the story...my new question is at the end....

In November 2007, the apartment complex I lived in got a default judgment for November rent (569.70 + fees). Per my ledger with the apts., my balance on 11/29/07 was 886.29. On Dec 7, I paid 886.29. Between the balance date and the payment, my December rent posted to my account. To make a long story short - I moved out, they sent Dec rent (no judgment) to a collection agency that was later included in a bankruptcy.

The November judgment still shows as unpaid. I have asked them multiple times over the last almost 5 years to file a satisfaction. They continue to tell me they will not release the November rent judgment because December rent was not paid and that balance was on my account when I paid the 886.29 (basically, I never zeroed my account out) and that I owe them another 1301.00. I argue back stating that Nov and Dec are two separate things - November was paid - December was bankrupt.  On their ledger it shows exactly what was sent to the collection agency (and later included in the bankruptcy) and nothing from November was ever sent – it was all December.

So...my question is... if I file the release and pay the $77.20 to do so and the judge looks at the paperwork and releases the judgment, can I then file a small claims suit against them for my 77.20, my new filing fees (for the new case), damages for 57 months of fighting with them and having an unpaid judgment on my credit, etc?  Because now, it's all about principle.  I did go to the court clerk and told them what happened and was picking up some forms for this and she said, Oh you wouldn't believe how often this happens.  Well, it's wrong.  I understand that I shouldn't have had to have been sued but I paid and I paid quickly and for them to use their "weight" to hold this over someone's head for...well...for 7 years...is ridiculous.

[RobertEG]

Was the debt included as having been discharged under your BK?

The court judgment was a determination that the debt was valid and owed.  Subsequent satisfaction of the debt is up to the judgment creditor to secure.

If the debt was discharged under a BK, there is no more legal debt, and no court will grant a process requring your satisfaction of a discharged debt.

I would contact the clerk of the judgment court and inquire as to the requirements to report satisfaction of a judgment based on a BK discharge of the debt.

I would presume the court requires the judgment creditor to report such a discharge of the debt subject to their judgment. 

[Anonymous]

The November rent/judgment was not included because it had been paid.  The December rent/no judgment was included but it's a Chapter 13 and I don't have the discharge yet.

[Anonymous]

This is an old story that I have written about before, but I have a new question.  I still haven't filed anything with the courts  (as I discussed in another post about this same thing).  Here's the story...my new question is at the end....

In November 2007, the apartment complex I lived in got a default judgment for November rent (569.70 + fees). Per my ledger with the apts., my balance on 11/29/07 was 886.29. On Dec 7, I paid 886.29. Between the balance date and the payment, my December rent posted to my account. To make a long story short - I moved out, they sent Dec rent (no judgment) to a collection agency that was later included in a bankruptcy.

The November judgment still shows as unpaid. I have asked them multiple times over the last almost 5 years to file a satisfaction. They continue to tell me they will not release the November rent judgment because December rent was not paid and that balance was on my account when I paid the 886.29 (basically, I never zeroed my account out) and that I owe them another 1301.00. I argue back stating that Nov and Dec are two separate things - November was paid - December was bankrupt.  On their ledger it shows exactly what was sent to the collection agency (and later included in the bankruptcy) and nothing from November was ever sent – it was all December.

So...my question is... if I file the release and pay the $77.20 to do so and the judge looks at the paperwork and releases the judgment, can I then file a small claims suit against them for my 77.20, my new filing fees (for the new case), damages for 57 months of fighting with them and having an unpaid judgment on my credit, etc?  Because now, it's all about principle.  I did go to the court clerk and told them what happened and was picking up some forms for this and she said, Oh you wouldn't believe how often this happens.  Well, it's wrong.  I understand that I shouldn't have had to have been sued but I paid and I paid quickly and for them to use their "weight" to hold this over someone's head for...well...for 7 years...is ridiculous.

---

I WON! I WON!  So I didn't file anything with the courthouse because I refuse to pay another $77 to file my own satisfaction.  Instead I filed a complaint with the AG - I got a letter from the AG on June 25 stating that they received my complaint, sent a letter to the OC etc etc.  So today I was going to send some additional info to the AG and decided I would sent a print out of the judgment.  When I went to the courts website to do my print out - lo and behold the judgment was released and satisfied showing paid in full Nov 29, 2007.  I feel victorious.....

[Anonymous]

This is an old story that I have written about before, but I have a new question.  I still haven't filed anything with the courts  (as I discussed in another post about this same thing).  Here's the story...my new question is at the end....

In November 2007, the apartment complex I lived in got a default judgment for November rent (569.70 + fees). Per my ledger with the apts., my balance on 11/29/07 was 886.29. On Dec 7, I paid 886.29. Between the balance date and the payment, my December rent posted to my account. To make a long story short - I moved out, they sent Dec rent (no judgment) to a collection agency that was later included in a bankruptcy.

The November judgment still shows as unpaid. I have asked them multiple times over the last almost 5 years to file a satisfaction. They continue to tell me they will not release the November rent judgment because December rent was not paid and that balance was on my account when I paid the 886.29 (basically, I never zeroed my account out) and that I owe them another 1301.00. I argue back stating that Nov and Dec are two separate things - November was paid - December was bankrupt.  On their ledger it shows exactly what was sent to the collection agency (and later included in the bankruptcy) and nothing from November was ever sent – it was all December.

So...my question is... if I file the release and pay the $77.20 to do so and the judge looks at the paperwork and releases the judgment, can I then file a small claims suit against them for my 77.20, my new filing fees (for the new case), damages for 57 months of fighting with them and having an unpaid judgment on my credit, etc?  Because now, it's all about principle.  I did go to the court clerk and told them what happened and was picking up some forms for this and she said, Oh you wouldn't believe how often this happens.  Well, it's wrong.  I understand that I shouldn't have had to have been sued but I paid and I paid quickly and for them to use their "weight" to hold this over someone's head for...well...for 7 years...is ridiculous.

[Anonymous]

This is an old story that I have written about before, but I have a new question.  I still haven't filed anything with the courts  (as I discussed in another post about this same thing).  Here's the story...my new question is at the end....

In November 2007, the apartment complex I lived in got a default judgment for November rent (569.70 + fees). Per my ledger with the apts., my balance on 11/29/07 was 886.29. On Dec 7, I paid 886.29. Between the balance date and the payment, my December rent posted to my account. To make a long story short - I moved out, they sent Dec rent (no judgment) to a collection agency that was later included in a bankruptcy.

The November judgment still shows as unpaid. I have asked them multiple times over the last almost 5 years to file a satisfaction. They continue to tell me they will not release the November rent judgment because December rent was not paid and that balance was on my account when I paid the 886.29 (basically, I never zeroed my account out) and that I owe them another 1301.00. I argue back stating that Nov and Dec are two separate things - November was paid - December was bankrupt.  On their ledger it shows exactly what was sent to the collection agency (and later included in the bankruptcy) and nothing from November was ever sent – it was all December.

So...my question is... if I file the release and pay the $77.20 to do so and the judge looks at the paperwork and releases the judgment, can I then file a small claims suit against them for my 77.20, my new filing fees (for the new case), damages for 57 months of fighting with them and having an unpaid judgment on my credit, etc?  Because now, it's all about principle.  I did go to the court clerk and told them what happened and was picking up some forms for this and she said, Oh you wouldn't believe how often this happens.  Well, it's wrong.  I understand that I shouldn't have had to have been sued but I paid and I paid quickly and for them to use their "weight" to hold this over someone's head for...well...for 7 years...is ridiculous.

[Anonymous]

---

I WON! I WON!  So I didn't file anything with the courthouse because I refuse to pay another $77 to file my own satisfaction.  Instead I filed a complaint with the AG - I got a letter from the AG on June 25 stating that they received my complaint, sent a letter to the OC etc etc.  So today I was going to send some additional info to the AG and decided I would sent a print out of the judgment.  When I went to the courts website to do my print out - lo and behold the judgment was released and satisfied showing paid in full Nov 29, 2007.  I feel victorious.....

[traveler2005]

Good for you!!!!!!!!!!!!!!! , great job  

[chally]

tylersmom4, please excuse the temporary hijack. I'm not equipped well to respond to your post. But I am struck by this:

Mr. RobertEG = Not One Wasted Syllable. And as a beneficiary of Mr. RobertEG's precise guidance I say with admiration and more than a little awe, many thanks.