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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I paid a judgment in full and the creditor will not file

Customer Question

I paid a judgment in full and the creditor will not file Form EJ-100 for acknowledgement of satisfaction of judgment. I'm looking for a demand letter template
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: I was served a Writ of Execution (Money Judgment) My options were to either turn over my shares of my company or pay the judgment of 152k+. I paid San Diego County Sheriff directly on 2/9/2016 with a Cashier's check. The creditor was issued the check for the judgment on or about 3/4/2016 from the Sheriff department. I received my Termination of Levy from the sheriff Department on 3/1/2016 stating writ satisfied. I have the receipt showing payment from Sheriff Department with a zero balance. I also have the Termination of Levy document.
JA: Is there anything else important you think the Lawyer should know?
Customer: Apparently the creditor contends the judgment has not been satisfied. they claim I owe memorandum of costs and attorney fees for the collection of this judgment. However they did not file their memorandum of costs before I paid the judgement in full and CCP 685.070 Costs incurred in connection with any proceeding under Chapter6 (commencing with Section 708.010) of Division 2 that have beenapproved as to amount, reasonableness, and necessity by the judge orreferee conducting the proceeding. (6) Attorney's fees, if allowed by Section 685.040. (b) Before the judgment is fully satisfied but not later than twoyears after the costs have been incurred.
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Customer: They filed their costs on 2/11/2016 and I was served my mail on 2/23/2016
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There are no "demand letter templates" for this type of situation. Lawyers write these letters specifically based on each situation as needed. We cannot write the letter for you, but would be more than willing to review your demand letter and make suggestions as needed to make it better for your needs. If that is acceptable, please paste your draft of your letter in your reply and we are more than happy to work with you.

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