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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7243
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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A creditor was granted a judgment against me in magistrate

Customer Question

A creditor was granted a judgment against me in magistrate court. Credit Advocates Law Firm representing me advised me to appear in court by myself. About 60% of judgement paid to credit in what I was told by phone was negotiated settlement, however, I recently lost a contract job after applying directly to the client company due to judgment still showing up on my credit report. Tried to get Credit Advocate Law Firm to contact plaintiff attorney to secure a letter indicating that the account was satisfied so I could get the judgement removed from my credit report. That has not happened. So I went to courthouse and filed a Motion to Satisfy Judgment with evidence of payments made. I thought judge would grant motion without hearing, but now I have to appear in court to answer as it appears there was no actual negotiated settlement after all. Would like to submit motion to vacate and set aside judgment to court.
JA: What is being sought in the motion?
Customer: I would like a letter from plaintiff stating that the judgement was satisfied even though it was not paid in full. It was what I was told by my representative a "negotiated setl
JA: Has anything been filed or reported?
Customer: I filed a Motion to Satisfy Judgment with magistrate court. Now both parties have to appear for the hearing.
JA: Anything else you want the lawyer to know before I connect you?
Customer: At the first hearing
Submitted: 7 months ago.
Category: Legal
Expert:  Irwin Law replied 7 months ago.

There are several peculiarities about the facts of your case. First, when lawyers settle a judgment for less than the full amount, there will always be something in writing, or emailed between them which establishes the agreement. You need a copy of that. When the lawyers for the creditors receive the money, it is their obligation to satisfy the judgment of record as quickly as possible. In your case, it appears that none of that ever happened. Going to court asking the court for dismissal under those circumstances is unlikely to have a positive result for you. When you meet the creditor' s attorneys, try to get the straight story about what they are willing to do to satisfy the judgment. Get it in writing before you pay them what they say they will accept in full settlement. Meet them at court and exchange a cashiers check, for the written satisfaction of judgment which you can then file with the clerk of the court. That will solve the credit reporting problem.

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