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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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We have a judgement from 2009 and in 2013 our account was

Customer Question

We have a judgement for 3200 from 2009 and in 2013 our account was levied for 2600. The 2600 was never applied to the judgement principle and now we are set to close on a house in 2weeks, if I pay the full amount due as of now with interest it's about 5k , but I wanted to know if I motion the judge to reopen the case and as him to apply the levied amount to the balance can I honestly expect a response from the judge in time or would it be better to pay the amount in full to close and if I do so is it reasonable to believe I can recoup the difference once the levy is adjusted? Also how long would it take to recoup the over payment? Some goudance would be appropriated!
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

While you are correct in that you can make a motion to the court to address the creditor's failure to properly account for the levy (you wouldn't need to reopen the case, this is all dealt with in post-judgment motions), it is unlikely that you would be able to get a resolution within 2 weeks.

You can certainly make an effort to do so, and you can try filing the motion alone as a form of leverage to try to get the creditor to readjust their payoff demand, but if you need to have the judgment paid off in order to close the transaction, you may need to pay the full amount (not because it is actually owned, but because it is simply more expedient).

Customer: replied 1 year ago.
Will I be able to read-coup the difference in balance if I pay full amount before I can get the levy credited?
Expert:  CalAttorney2 replied 1 year ago.

You can try making a motion to the court afterwards, but there is not much leverage after the judgment is paid off. (The creditor is not going to look favorable by failing to credit you for a levy that they took, but procedurally this is not the proper way to contest it).

So, you can try, it just isn't certain.

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