I have civil judgement against me, ready to pay off the claim, in the mean time got a hearing date (8/15/2012) to claim exemption. How should I pay the claim and get judgement satisfaction from creditor.
Country relating to Question: United States
State (if USA): North Carolina
Gave a settlement proposal for a 30% lumpsum and 24 montsh payment plan, but the other party rejected.
If you are prepared to pay off the balance of the judgment, or if the judgment-creditor agrees to a compromise settlement, then you need to have the judgment-creditor provide you with a general release for your own records (which is a contract stating that they cannot bring any other claims relating to this debt against you ever) and that they file a Satisfaction of Judgment form with the clerk of the court.
Judgement creditor asking for full payment. Do I have to send the check by certified mail to the creditor attorney or to pay the court directly the judgement amount ( Charlotte , NC) and can I pay before the hearing (to claim Exemption)date 8/15. Which one is best approach. Would the judgement creditor provide a general release when i make one lumpsum check payment on receipt of the payment (realization of check).
You need to pay the judgment-creditor attorney directly. Yes, you can pay before the hearing date and then inform the court that the matter has been resolved and that they should remove it from the court calendar and that the attorney will file a satisfaction of judgment. You should contact the attorney first and request a release and that they file a satisfaction of judgment when they receive your payment.
What is the alternative if the other party did not give me a release and satisfaction of judgement certificate? I am not sure because they rejected my first settlement proposal ( a 30% lumpsum and remaining in 24 month payment plan). I am making arrangement to pay one lumpsum, would like to get some protection after paying off the claim.
If you tender payment representing the balance of the judgment, then they must accept it and then file the satisfaction of judgment with the court. If they do not file with the court within 60 days of receiving your payment, you can actually sue them.
Thanks for your time. One last question, Is personal check better or a certified check (cashier's check) better.
Certified is better, but personal check is perfectly acceptable so long as you send it to the judgment-creditor via certified mail and you have the funds in your account to cover the check.My pleasure. Good luck!
10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).