Legal Question in Personal Injury in California
Request for statement from Plaintiff
Due to a judgement that I won from a small claims for car damage, the defendant's credit report has suffered and is preventing him from refinancing his home. I got a call from an Arizona credit bureau asking me if I would sign a letter stating that I should not have filed this claim, and that would relieve the situation, and take it off of his credit report. I was skeptical, and unsure if it jeopardize me in any way. I got the money from his insurance company last year in a judgement from the court. Should I sign such a letter, or is this some kind of scam or what ?
3 Answers from Attorneys
Re: Request for statement from Plaintiff
dont sign anything that is untrue, ever. if the judgment has been paid you can sign a letter saying that if you want to.
Re: Request for statement from Plaintiff
Did you collect the judgment?
I am skeptical of why you would do this.
Joel Selik
800-894-2889
http://www.4thelaw.com/services1.html
Re: Request for statement from Plaintiff
You should not sign any type of letter saying that you should never have received your judgment. If you have been paid by the insurance company, you should have filed an Acknowledgement of Satisfaction of Judgment and provided it to either the defendant or the insurance company. That form is the only document you are required to provide to the defendant. The fact that the defendant's credit report reflects your judgment and may impair the defendant's credit is an issue between the defendant and creditors, and should not be a concern to you.
If you have already received all of the money you are entitled to under the judgment, and have not already provided an Acknowledgement of Satisfaction of Judgment form, you should obtain the form from the court in wich the judgment was entered, complete it, provide an original to the defendant, and file an original with the Court. Once that is done, you have fulfilled your obligations under the law.
If you have not already been paid in full, and you sign any sort of document acknowledging that you should never have received the judgment in the first place, you jeapordize your ability to ever collect on your judgment. Unpaid judgments in California accrue interest at the rate of 10% per annum, by the way.