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Paid judgment showing as unpaid

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Anonymous
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Paid judgment showing as unpaid

I had a real jerk landlord in 2016 who filed in small claims for damages before I even moved out or he did an inspection. I couldn’t attend the hearing so he won by default, and then paid an extra fee to have it recorded as a lien in superior court. Keep in mind, I’d never been late or anything. Oy.

I paid it in full and have proof of payment, but he never filed a release/satisfaction of judgment so the lien is still active and popped up on the title search for the house I’m buying. The mortgage can’t proceed until it’s removed by the court.

He won’t answer my emails or phone calls. The court clerk told me I can do a motion to vacate the judgment since I have proof of payment. That would lift the lien. But that’s fairly involved since it’s in superior court. One ex parte hearing plus one actual hearing. Argh.

Anyone experienced this? Any tips? I’m so annoyed. I began rebuilding in 2015 and went to great lengths to never hit another snag again, and here I am through no fault of my own.
Message 1 of 6
5 REPLIES 5
Anonymous
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Re: Paid judgment showing as unpaid

I'm not sure but maybe you can go to your state bar association and ask an attorney as you may have some legal recourse in small claims court if it has cost you financially. 

Message 2 of 6
RobertEG
Legendary Contributor

Re: Paid judgment showing as unpaid

The Rules of Civil Procedure require that a judgment creditor promptly file a notice of satisfaction with the court within a set period after receipt of satisfaction.  That period varies by jurisdiction, but is almost invariably within a few weeks.

 

You should not be required to go through a motion to vacate in order to obtain compliance either the notice of satisfaction requirment.

 

I would send proof of satisfaction directly to the court and inform them that the judgment creditor is in noncompliance, and request that the court contact the judgment creditor.

Message 3 of 6
Anonymous
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Re: Paid judgment showing as unpaid

While you’re waiting for all that, take your proof and send it to the credit bureaus to get it off the reports. 

 

I had to go through this when I paid a judgment from when my car was repossessed- they never canceled it and I had moved out of state. I submitted a dispute to all three bureaus with proof of payment and it was gone before the attorneys office I paid had a chance to send me the proof in the mail that they canceled it with the court. 

Message 4 of 6
Anonymous
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Re: Paid judgment showing as unpaid

It’s not on my credit reports, thankfully. The issue is the lien will prevent closing Smiley Sad
Message 5 of 6
Anonymous
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Re: Paid judgment showing as unpaid

FINALLY heard from him today! He’s apparently meeting with an attorney Thursday (why, I have no idea...) but I didn’t pay like $30 worth of fees. So I’ll pay those now and hopefully his attorney will tell him Thursday that, yes, he has to file the satisfaction of judgment and we’ll be done.

It took two emails, two calls, and one voicemail but finally he decided to cooperate. Yay!
Message 6 of 6
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