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).
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.
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?
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).
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).