Legal Question in Family Law in California
Satisfaction of Judgement
What is the criteria for impleading a judgement with the court to obtain satisfaction?
We want to take this course of action due to the fact that we have tried to satidfy this judgemnt for the last six weeks which was part of a divorse settlement. The money is owed to an x-wife who resides in South Africa. She refuses to sign a Satisfaction of Judgement prior to receieving the funds. She has agreed to the amount and in previous communication said she would sign. Now she want s us to send the money first and then she'll sign!
2 Answers from Attorneys
Re: Satisfaction of Judgement
She doesnt have to sign before the money is paid. she would be a fool to do so.
Re: Satisfaction of Judgement
Your question does not indicate any change in position on her part. Each of you is to do something and in exchange, get something.
1-How much money is involved, and
2-how were you going to effect payment
(ie.check, money orders, ?)?
Would you give up something without getting paid for it? Given your question, apparently not and neither will, or should, she.
3-what is the reason for payment at this time.? Seeking a refinance of an existing loan, or perhaps a new loan?
If yes to #3, arrange for a mini-escrow, that is a third party (ie.the bank where you are getting the loan to pay to her the sum in question once they have received the document known as the Satisfaction of Judgment signed by her, letting her know that the satisfaction of judgment will not be released to you until the money is paid to her.
If No to #3, perhaps the two of you have a mutual friend you each trust that can act as the "escrow officer" and do the same thing the bank would do.
She is not being any more unreasonable than you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
