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Settling a judgement vs paying a judgement off in full

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tonyjones
Valued Contributor

Re: Settling a judgement vs paying a judgement off in full


@guiness56 wrote:

I can't find in the statute where satisfaction is a reason to have it vacated.

 

I would suggest writing a type of GW letter to the judge and asking if they would consider it.  I made this suggestion to others where there was no statute for vacating and it worked for 2 that I know of.  The others didn't say.


How do I find out what judge? and do you have any sample letters for GW for vacating a judgement.

Current Fico Scores: (December 2023)
Message 11 of 20
guiness56
Epic Contributor

Re: Settling a judgement vs paying a judgement off in full

You would either contact the courts to find out or just write it to the "presiding judge" of the civil court, or whatever court it is.

 

No, it would be something you wrote based on your circumstances, like any other GW.

 

I can't remember who just recently had success with this.  I'll see if I can find out who and maybe they could share what they wrote.

Message 12 of 20
coterotie
Established Contributor

Re: Settling a judgement vs paying a judgement off in full


@tonyjones wrote:

@guiness56 wrote:

I can't find in the statute where satisfaction is a reason to have it vacated.

 

I would suggest writing a type of GW letter to the judge and asking if they would consider it.  I made this suggestion to others where there was no statute for vacating and it worked for 2 that I know of.  The others didn't say.


How do I find out what judge? and do you have any sample letters for GW for vacating a judgement.


The court will have a record of who the judge was that presided over the judgment case.  The clerk of the court or court administrator for your county will have this information.  Or you can pull the information online yourself from the probate records for your county if they are stored electronically.  It will show the judge, clerk of the court and attorney that filed the action.

 

Message 13 of 20
tonyjones
Valued Contributor

Re: Settling a judgement vs paying a judgement off in full


@guiness56 wrote:

You would either contact the courts to find out or just write it to the "presiding judge" of the civil court, or whatever court it is.

 

No, it would be something you wrote based on your circumstances, like any other GW.

 

I can't remember who just recently had success with this.  I'll see if I can find out who and maybe they could share what they wrote.


Do you know how long the Plaintiff have to file with the courts that I satisfied my judgement? Do they have up to 60 days to do it or 30 days, and then after that can I just go show that I paid them along with the letter that I did satisifed the judgement.

Current Fico Scores: (December 2023)
Message 14 of 20
guiness56
Epic Contributor

Re: Settling a judgement vs paying a judgement off in full

Message 15 of 20
tonyjones
Valued Contributor

Re: Settling a judgement vs paying a judgement off in full

 


@guiness56 wrote:

It is normally 30 days. 


What if they don't? Can I file to vacate it on grounds they didn't? lol

Current Fico Scores: (December 2023)
Message 16 of 20
tonyjones
Valued Contributor

Re: Settling a judgement vs paying a judgement off in full

  • Send a letter to the judgment creditor by certified mail with return receipt requested. In the letter, tell him or her that the law requires that he or she file an Acknowledgment of Satisfaction of Judgment within 15 days of receiving payment. If he or she does not do this, you can sue the creditor for $50 plus damages. For more information, check out Code of Civil Procedure section 116.850.

 

According to California they have 15 days.

Current Fico Scores: (December 2023)
Message 17 of 20
guiness56
Epic Contributor

Re: Settling a judgement vs paying a judgement off in full

I'm not sure it they would or not.

 

I know legally they have to show the courts it was satisfied within a certain amount of time.  Other than filing complaints with the state bar association against the attorney for not complying with the laws of the state, I don't know what you could do.

 

You could always contact the courts and ask.

 

Do you have proof it was paid?

Message 18 of 20
tonyjones
Valued Contributor

Re: Settling a judgement vs paying a judgement off in full


@guiness56 wrote:

I'm not sure it they would or not.

 

I know legally they have to show the courts it was satisfied within a certain amount of time.  Other than filing complaints with the state bar association against the attorney for not complying with the laws of the state, I don't know what you could do.

 

You could always contact the courts and ask.

 

Do you have proof it was paid?


Yeah I have proof, I'm going to file a Declaration of Judgment Debtor Regarding Satisfaction of Judgment.

Current Fico Scores: (December 2023)
Message 19 of 20
Gnovotn2
Member

Re: Settling a judgement vs paying a judgement off in full

So, Judgment has been satisfied and reported to the courts.  Now, who reports this to the CBs?  The judgement was satified on Oct 4th, but this has yet to be reported to the CBs.  Just wondering who I have to call, again, to have this done.  I wonder what would happen If i didn't do my job!

Message 20 of 20
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