Legal Question in Consumer Law in California
Small Claims Judgment
We lost a small claim suit and the winner never filed his paperwork with the courts showing judgement satisfied in 2004. Now we have a higher rate for our refi on our Mortgage. I don't know what to do. The form clearly states the winner of the case file forms with the clerk upon satisfactory payment.
3 Answers from Attorneys
Re: Small Claims Judgment
If you can prove the judgment was paid, dispute the mark on your credit with the credit reporting agencies. While it is incumbent upon the plaintiff to make sure the satisfaction of judgment is filed, you should have followed up on it before now.
Re: Small Claims Judgment
There is a section of the Code of Civil Procedure - look it up at www.leginfo.ca.gov - that has the exact language of a demand for satisfaction of judgment. Serve it on the other party by mail (someone else signs a Proof of Service saying they mailed it).
Re: Small Claims Judgment
Send the judgment creditor a letter demanding that the file a satisfaction of judgment with the court within 15 days. If the creditor does not file a Satisfaction of Judgment, then you can file a motion to have satisfaction of the judgment entered. Take your proof of payment and see the small claims advisors office. They can show you how to file the necessary motion. Filing motions in small claims court is very simple.
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