Legal Question in Civil Litigation in California

I no longer have an attorney & need to file a motion asking the Court to order a Satisfaction of Judgment. I am looking for case law to support my claim that I still retained control/ownership of funds which I placed in a trust account with my attorney prior to trial. The court ruled in plaintiffs� favor, but the courts decision made no mention whatsoever of how, or if the trust account should be disbursed. Nor did the amount of the Court's award correspond to the amount held in the acct. In the 2 yrs since the Court�s decision, plaintiffs failed to obtain a writ or make any other legally enforceable demand for the funds in the trust account. I voluntarily ordered my attorney to forward a check to Plaintiffs, directing 100% be applied to the debt which my co-defendant and I were jointly held responsible. They maintain the payment should be 50% to the judgment which I owe jointly and 50% to that which my co-def was responsible severally. I have since paid in full the remaining balance I owe, but they refuse to file an Acknowledgment for full Satisfaction of Judgment, citing the above.


Asked on 9/02/10, 6:28 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You don't need case law. If you directed your attorney to pay a judgment from funds that he held in trust, the judgment is paid. You need to serve the plaintiff with a demand for satisfaction of judgment, and if they don't comply, then file a motion. It is a statutory procedure, that can include your costs and attorney's fees if you are forced to file the motion.

Send me a private e-mail, if you want a copy of a sample demand for satisfaction of judgment and motion.

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Answered on 9/07/10, 1:00 pm


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