Legal Question in Real Estate Law in Alaska

Paid judgement in a Landlord/Tenant disprute has not been cleared.

My son was involved in a Landlord/Tenant Dispute with 2 other young men. The landlord took the boys to Small Claims Court and he was award over six thousand dollars. My son was included in the claim even thou he lived there less than 3 months because he has excellent reputation and credit. Our son paid 1/3 of the judgment and tried to get the landlord to release him. Landlord refused saying he was using him as a pawn to insure payment from the others. In May, the full amount of the judgement was withheld from 2 accounts under our son's name. Processor was called, son issued a check for the the remainder of the judgement and processor had funds restored our accounts. Now the Landlord has not released the judgement. What can we do? It has been well over 30 days.


Asked on 6/20/01, 3:47 pm

2 Answers from Attorneys
James Szender Law Office of James R. Szender

Re: Paid judgement in a Landlord/Tenant disprute has not been cleared.

District Court Civil Rule 20(e) provides as follows:

"(e) When the judgment has been satisfied, the judgment creditor shall file an acknowledgment of satisfaction with the court. The court may issue a satisfaction of judgment if the judgment debtor, by motion served on the judgment creditor, establishes that the judgment has been satisfied. The clerk may issue the satisfaction if the motion is unopposed."

This means that if the creditor won't sign the satisfaction form, your son should check with the court clerk, get the proper forms, show his receipts or cancelled checks, and ask the court to enter the satisfaction on the record. If there is no opposition, he should get a copy of the signed satisfaction back in the mail within 2 or 3 weeks.

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Answered on 6/29/01, 1:37 pm
James Szender Law Office of James R. Szender

Re: Paid judgement in a Landlord/Tenant disprute has not been cleared.

Another note: Depending on the facts and circumstances, your son may also have a valid claim against his ex-roommates for some or all of the judgment he had to pay on their behalf.

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Answered on 6/29/01, 1:49 pm


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