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William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3065
Experience:  Civil litigation attorney for individuals and businesses.
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California Civil Case under $10,000 I have a summary judgment

Resolved Question:

California Civil Case under $10,000
I have a summary judgment entered against me for monies owed to a non-profit home owners association RULE 3.740 COLLECTIONS, and I filed an appeal one week ago. The HOA in the mean time has come back to me with an offer I might want to accept. Is there any way to accept the offer and have the judgment thrown out during the appeals process? Is there any conflict if I go ahead with one or the other? In their lawyers email to me, she stated she would file an Acknowledgment and Full Satisfaction of Judgment with the Court after payment received. Is the email a binding agreement, she says I have 10 days to respond. How can I guarantee they won’t come after me for the balance if I pay first before receiving any agreement documentation? Finally, is there any way to keep this from being on my credit report?
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. The offer by the HOA's attorney is a valid and binding offer. If you pay within the given time they will file the notice of satisfaction and the judgment will be rendered satisfied in full (The HOA cannot come back and ask for more).

William B. Esq. :

Regarding any report on your credit, the credit reporting agencies review the various court's judgment rolls. If your judgment is still outstanding, this will be reported against your credit. If there is a notice of satisfaction of judgment entered, this will not appear against your credit rating.

Customer:

what about the appeal I currently have in process, its only a week old, will this conflict with the settlement offer? can I ask the ask the court to vacate the judgment based upon the settlement?

William B. Esq. :

The idea in these types of cases is that the settlement is based on you dismissing your appeal in exchange for the HOA reducing its demand to satisfy the judgment. As part of the settlement you would withdraw or dismiss your appeal. You cannot ask the court to vacate the judgment based on the settlement, although you may ask for the judgment to be set aside, it is unlikely that you will succeed in doing so. Most parties by the time they have reached this point are willing to discuss a settlement based on the amount at issue as opposed to a set aside or satisfaction of judgment. You can of course ask, (but keep in mind that when you ask for something new in a settlement you are rejecting the old offer therefore the HOA may not be willing to give you that opportunity back).

William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3065
Experience: Civil litigation attorney for individuals and businesses.
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