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.
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 60 days of the last payment received.
How to find out if a satisfaction of judgment has been filed in court?
You could call the court directly and inquire 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 the 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.
Is a Statement of Assets form necessary in a small claims case if the defendant is planning on paying the plaintiff the full amount due?
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 does one establish or record that a legal judgment 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 make 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 10 years for the life of the debtor.
What can a person do if the plaintiff has not filed a satisfaction of judgment after four years of it being paid?
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.
Can a satisfaction of judgment filed by a landlord be completely dismissed?
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 it. 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.