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JBaxLaw
JBaxLaw, Lawyer
Category: Consumer Protection Law
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Experience:  Wide experience in consumer rights law.
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I paid off a judgment of $3000 in May 2008. I do have proof

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I paid off a judgment of $3000 in May 2008. I do have proof of payment. However, the plainiff is refusing to sign the satisfaction of judgment. What recourse do i have?

JohnQAttorney :

Hello, I am a professional here to assist you. I appreciate your use of this service.

JohnQAttorney :

hello

JohnQAttorney :

Are you with me?

Customer:

yes

JohnQAttorney :

In Missouri, the law does require a judgment creditor to release a judgment once the underlying debt is paid.

JohnQAttorney :

There is recourse when the judgment creditor fails to do so.

JohnQAttorney :

The law does not explicitly allow for attorney fees to be recovered, but it does allow for the recovery of damages.

JohnQAttorney :

For example, if your credit has been damaged.

Customer:

Currently, it is preventing me from getting a home loan.

JohnQAttorney :

That can support one obtaining damages.

JohnQAttorney :

Both actual and punitive damages can be sought.

Customer:

What steps do I take next?

JohnQAttorney :

That means that damages above the cost of injuries you have received may be sought.

Customer:

How is the amount of damages determined?

JohnQAttorney :

They are determine by 1)one you can prove up in addition to 2) punitive damages the trier of fact determines are appropriate to punish the other party.

Customer:

I see. So do I need to retain an attorney to handle this or is this something I can communicate to the plaintiff directly?

JohnQAttorney :

The only way to recover is via a civil suit. I see you had concerns about the cost.

JohnQAttorney :

You may need to "shop" arround.

JohnQAttorney :

around

Customer:

Ok.

JohnQAttorney :

You may be able to find an attorney that does not require the retainer.

JohnQAttorney :

You would need to file a civil suit so you would typically utilize an attorney given the complexity of the matter.

JohnQAttorney :

While there may be attorney expenses, the damages obtained may outweigh those.

Customer:

Can I file the civil suit with the court without an attorney?

JohnQAttorney :

Yes. That is possible, but decreases the chances of success due to the complexities. For example, you would need to draft various pleadings and understand many complicated evidentiary and procedural rules.

Customer:

Ok, thanks for the information.

JohnQAttorney :

You may also contact the clerk of the court where this judgment was entered. You can apply to the court to enter a satisfaction of judgment with evidence the debt was paid under this law:

JohnQAttorney :

http://www.moga.mo.gov/statutes/C500-599/5110000620.HTM

JohnQAttorney :

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Customer:

Great! That's the information I was looking for.

JohnQAttorney :

You can come back to review this information or post follow-up questions after leaving the rating at your leisure.

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