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Member
americanjunkie89
Posts: 7
Registered: ‎04-30-2013
0

Question about Release of Judgment

Hello! I was wondering if anyone could help me out or have been through a similar situation... There are two judgments on my public record. I'm currently in a payment plan paying the balance in full for both. I asked the law firm if they would file a motion to vacate the judgment once everything is paid in full and they told me they can only file a motion to release the judgment saying that it was satisfied. They said I would have to do it on my own and I told them that I would pay additional fees for them to do that and they said no.

Is this release going to do me any good? Should I contact the attorney who worked on my case directly? I was just talking to a customer rep.

Thank you!
Mega Contributor
RobertEG
Posts: 18,543
Registered: ‎03-19-2007
0

Re: Question about Release of Judgment

The first thing to check is your state rules of civil procedure dealing with vacating a judgment on the basis that it is satisfied.

Some states grant their courts discretion to vacate on that basis, while others require showing of some actual error in the judgment as the basis.

If your state makes such provision, you can file a motion yourself.

 

I have seen postings on other sites where some attorneys have stated that they do not file motions on behalf of the defendent when they have represented the plaintif, stating that they consider it a potential conflict of interest to their client.  He/she is most likely just exercising professional caution.

Valued Member
jim20j
Posts: 33
Registered: ‎03-05-2013
0

Re: Question about Release of Judgment

Release is basically stating that it was been satisfied. I would try to contact them after it has been paid in full to request a Release of Judgment with Motion to Vacate. You can file it yourself and it's actually a simple process (for me at least.) Here was my experience with my Motion to Vacate. Once you get the ROJ from the plaintiffs lawyer, , it should look like a Circuit Court form already filled out. Go to your County Clerk's office and ask that you want to file a Notice of Motion.  You will fill the top portion of the form out,  (be prepared to have at least 4 copies of your Release of Judgment available.) They will date/time stamp it and drop it into the depository. They will give you a date, time and court room # of when to come back to pick it up.

Member
americanjunkie89
Posts: 7
Registered: ‎04-30-2013
0

Re: Question about Release of Judgment

I live in Illinois and was reading around on our state laws... From my understanding once a judgment is paid and satisfied then the judgment is dismissed, but I would have to file with the court and judge to let them know that? This is what I'm reading on Illinois Legal Aid. Thanks!
Valued Member
jim20j
Posts: 33
Registered: ‎03-05-2013
0

Re: Question about Release of Judgment

[ Edited ]

I too from Illinois (Chicago)


A Satisfied Judgment is not the same as a dismissed Judgment

Quote from Illinois Legal Aid:
"A Release and Satisfaction is a document signed by the plaintiff stating that the judgment  against the defendant has been fully paid."

It only shows on your record that it was paid/satisfied, but it will remain on your credit report.

Quote from Illinois Legal Aid:
"It is important to get an order vacating a judgment after you have a Release and Satisfaction so you can notify credit report agencies. You don't want your old judgment affecting your credit score and your ability to rent a house or get a loan."

From my understanding and from what I have read, This will remove judgment from your record. I am still in the progress of getting this done since I just had the court sign off on the vacate.

You should file the release (satisfaction) of judgment so it shows as PAID on your report. (better to try and get a Motion to vacate) Yes, you can do that yourself once you get it from the Plaintiff.


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