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I am in position to pay an old default judgement against me. With interest, it has reached over 10k, but the law office representing the creditor said they would accept $6500. I want to be sure this satsfies it in full, and I have no more issues. How do I go about it? Is there a "Satisfaction of Judgment" agreement they can send me encompassing the terms above? I don't want to just send them any money, no matter how pleasant they seem over the phone.
Thanks for the advice!
Judgement creditors are usually required under the procedures of the judgment court to report satisfaction of the judgment to the court within a certain period after its satisfaction. So they most likely have a requirement to officially report its satisfaction, regardless of the amount they accept. I presume that the judgment has not expired?
The key issue, as I see it, is to make sure that the record clearly shows that payment is considered a satisfaction of the debt, and thus the judgment, by the judgment creditor. I would include a cover letter with the payment clearly identifying the agreement reached, and the statement that the payment is remitted per that agreement.
The side-issue is how they report to the CRA. They must report a $0 balance if satisfied. As settlement for less than the full debt, they are entitled to additionally report a special comment of settled for less to your credit file. That special comment identifies that you had a prior debt that, while not satisfied, you did not fully pay the amount indebted. I would ask for their agreement not to report that additional special comment, which with its absence, will make the debt appear in your CR the same as if paid in full.