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Questions about Satisfaction of Judgment

What is a satisfaction of judgment?

A satisfaction of judgment is a document which is filed in court by a plaintiff when a judgment is resolved by a defendant usually in the form of payment due or payment as per the judgment ruled. In some states, it is considered a document that the judgment debtor is entitled to once he/she has paid all monetary dues in full to the judgment creditor. This document enables the original judgment to be annulled, dismissed and any lien or damaging details removed from public records and credit standing agencies.

Listed below are a few questions answered by the Lawyers on issues related to satisfaction of judgments.

How can I find out if a satisfaction of judgment has been filed in court?

You could call the court directly and enquire with the court clerk. They could search the records using the name or case number. The court may charge you a fee to do this but you will be immediately informed if there is any satisfaction of judgment filed with your name as defendant or any other individual’s name since it is a public record. If the plaintiff has not filed a satisfaction of judgment, you would need the services of a lawyer to file and obtain it for you.

The court has asked me to complete a statement of assets in a small claims case. Is this required? I am planning on paying the plaintiff the full amount but how does the court know my course of action?

In most cases, the statement of assets is provided if a person is not intending to pay the judgment. It is a way for the plaintiff to gain access to your assets in case of non-payment. However the statement of assets form can be ignored if you intend to pay the plaintiff in full. There are two ways to pay the judgment. You can either pay the plaintiff directly. If you do this, the canceled check can be filed in court once you have paid the plaintiff and the plaintiff, in turn, would need to file an acknowledgment. The other option would be to pay the court using the form available at the court clerk’s office.

In Louisiana, how do I establish or record that the legal judgment against me has been satisfied?

If you have fulfilled the judgment against you by paying as directed, the plaintiff should file a “satisfaction of judgment” with the court which has issued the judgment, to acknowledge this. This document is usually signed by the judge and a copy needs to be provided to you. In order to obtain a copy you can approach the court where you were sued and request for the records/files to take a copy of the satisfaction of judgment. This document can be sent to the credit reporting agencies to clear your credit standing. If you fail to pay the judgment in full it will continue to show on your credit report. Louisiana allows the judgment to be renewed every ten years for the life of the debtor.

What does partial satisfaction of judgment mean?

The plaintiff usually files this document when only a partial payment of the judgment has been made by the defendant. As per the N.C.G.S. Section 1-239 (c), the plaintiff needs to file this document within sixty days of the last payment received.

I honored the judgment against me by paying what was due but the plaintiff did not file a satisfaction of judgment. It has been four years and it is affecting my chances for a home loan. What can I do?

Ideally, once you fulfill the judgment, the plaintiff should have filed a satisfaction of judgment with the court. If this was not done, you can file a motion with the court and have the judgment declared satisfied by submitting the proof of payment. You can enquire with the court about further procedures required to file the motion and have the judgment declared satisfied. It would also be wise to send the forms to the plaintiff to sign and acknowledge through certified mail requesting a return receipt. You could mention that if the plaintiff does not file the satisfaction of judgment, you will go ahead with the motion in court and have the plaintiff reimburse the cost of filing such a motion.

My landlord filed a satisfaction of judgment for the payment of outstanding rent. I would now like the case to be completely dismissed. Is this possible?

Once a judgment has been entered, it can only be satisfied but not completely dismissed or withdrawn. If you are worried about your credit being adversely affected, you can ask the landlord to contact the credit reporting agencies and inform them your debt was cleared without delay.

Litigation is a long and time consuming process which culminates in a judgment ruling. Once the defendant fulfills this judgment as per the court order, it satisfies the judgment. This brings a closure to the entire proceedings and is useful to both the plaintiff and the defendant as their obligation ceases. To know more about this topic pertaining to your specific situation, consulting Experts who can guide you with important information and clarify your doubts will prove useful.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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8 Lawyers are Online Now

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