Legal Question in Real Estate Law in California
Not filing a satisfaction of judgement
I had a judgment entered against me
from my Home Owners Association
small claims court in 9/03/08 for
$2,695.00 I paid it 10/01/09 it is
now.It is now 7/03/09 & no
satisfaction of judgement was ever
filed w/the court & not only will they
will not file it they say it was a
progress pymt. & say I still owe
$4,000.00. The judge said when he
makes his ruling the slate will be
wiped clean as of the date of the
courts ruling.What is a statue of
limitations on them filing a
satisfaction of judgement w/the
court, & if they dont what recourse
do I have? (what statute)
Thanks
3 Answers from Attorneys
Re: Not filing a satisfaction of judgement
The judgment can now also include, post judgment costs and interest. If the judgment is paid, a demand letter to the association for satisfaction of judgment should be sent. If the Association does not satisfy the judgment, a motion can be made to cause the association to satisfy it.
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Re: Not filing a satisfaction of judgement
They are required to file the satisfaction of judgment only when the entire judgment has been paid. After the entry of a judgment for $2,695, they can file a memorandum of costs and interest, which may have increased the overall amount due, and therefore, the judgment is not paid in full. They cannot, however, add new HOA dues to the amount they were granted in court. You will probably have to file a motion in the Court to have the Court enter the satisfaction, if you can prove that every penny of the judgment was paid in full.
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Re: Not filing a satisfaction of judgement
....and if the judgment were only partly paid, they should still file a partial satisfaction showing the amount paid as a credit.