Surprise judgment against me

[Phenix234]

I am looking to buy a house in the next 6 months so I pulled my credit report to see how everything was because I knew I had some issues many years ago. Most everything on my credit is clean except I have a judgment from December 1st. I was given a summons and complaint form that said I had to be to court by the 24th of dec and was asked to call the lawyer. When I called him he told me I had a outstanding debt and then he told me how much it was. Me not knowing the law told him I could cut him a check if this all goes away even though I find out now the debt was well out side of the statute of limitations. My issue is a day or two later I cut them the check and they told me everything would be taken care of and they had no need for a trial since the debt was paid. 

7 months later I notice that I have a paid judgment agents me but I have a cashed check showing they not only received the funds but they accepted them well before the 24th of December but they still moved agents me in a court do I have any recourse at all?

[guiness56]

What state are you in?

Contact the court clerk and get everything they have on the case.  It is very possible to have it vacated since it was paid before the court date.  Do you have a copy of the check?

There never should have been a judgment.

[Phenix234]

Sorry I am in Michigan and I just went to the bank to get a copy of the check.

The cout case was suposed to be the 24th and the check was written on the 6th and cashed on the 17th.

[guiness56]

Get copies of everything from the clerk.

I would contact the attorney and ask what is going on.  There never should have been a judgment since it was paid before the trial and he should have dismissed the case.  If he doesn't help you see what the courts suggest.

[Phenix234]

All right I will do it first thing tomorrow morning I wish people like that didn't always get away with taking money and hurting people. Thank you so much for the information I will repost when I know more.

[RobertEG]

If they accepted settlement of the debt, and yet proceeded with trial with knowledge that the debt upon which they were suing had been satisfied, the have a HUGE problem with court.  They had an obligation to notify the court if the debt no longer existed. 

I would motion the court for a dismissial of the judgment on the basis that there was no debt in fact at the time of trial.  The court will most likely be interested to know if the plaintiff was not fortcming with that info.

[cookiebird]

I'm in Texas and the exact same thing happened to me, only in 2007.  Mine didn't show paid though until I started to fight it.  Now it looks like I just paid it!  The attorney quit responding to me so I have to go to the court and have records pulled but I don't have access anymore to the checking account the payment was drafted from.

Good luck to you!!