Legal Question in Civil Litigation in California
Satisfaction of Judgment
An AZ collection agency, using a collection atty in CA, got a default judgment against mom. Mom didn't understand the process or importance of the summons and the family didn't find out until months later. After much research, I was told we were time barred for filing a motion to vacate judgment. Her bank account was levied but we filed a claim of exemption and the judge ruled the funds were exempt so she got her money back. Mom recently had a medical emergency. I made an offer to settle the debt because it was causing her great distress.
The collection atty's office sent a letter stating their client would settle for $350 more than we offered, as settlement in full if received by a specified date. It also said that upon receipt of the settlement in full they would file with the court the ''Satisfaction of Judgment'' and inform the client the matter was settled in full.
Is this verbiage sufficent to protect us if we remit the funds, or are we being scammed and they will come back to demand the balance? Or, is there a way to better protect ourselves in this situation?
Also, do you know if homes in CA are forced to be sold to pay money judgments arising from credit card debts?
1 Answer from Attorneys
Re: Satisfaction of Judgment
1. A judgment arising from a credit card, small claims or whatever can be used to force the sale of a residence. That is the law.
2. If you "cover yourself" with a letter that confirms the deal points and have the collection agency confirm in writing--you are protected. Better, you should have them "stipulate to vacate the entry of default and default judgment" and do the same money deal--that helps your mother's credit standing more.
Sincerely,
Mark Geyer
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