Legal Question in Credit and Debt Law in California
Filing a False Document - Tampering with Court Records
A judgment debtor forged and filed a fraudulent Satisfaction of Judgment on a case of mine. He paid the judgment in full, filed the Satisfaction and then stopped payment on the draft all in the same day.
I've done extensive research to try and find a civil remedy for this issue without success. Does anyone know of any case law addressing this problem?
Motion to Set Aside the Satisfaction is schedule to be heard Monday, February 7, 2005.
Thanks for any feedback. I'm looking for something that would give me ground to ask for supplementary damages at the hearing.
R.W.--name removed--
2 Answers from Attorneys
Re: Filing a False Document - Tampering with Court Records
If you motion did not request a sanction or remedy, you cannot get one on 2/7. If property was transferred, you would probably have to file a new lawsuit against him or try for a remedy in a subsequent motion. Please call me if you have any other questions.
Re: Filing a False Document - Tampering with Court Records
I do not have a stat or case, off hand, but court has ineherint authority and discretion, it should not be a problem to win a motion and have a court set aside the satisfaction, You might also have to sue the adverse (or be able to) for fraud.
Joel
JOEL SELIK Attorney at Law
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