Legal Question in Credit and Debt Law in Georgia

Judgments have nothing to do with your credit report. If the judgment was paid, it will be marked as satisfied. The satisfaction will be filed at the courthouse. Go to the Cobb Magistrate's court and make sure you get a copy of the satisfaction. Then check your credit report at all 3 credit bureaus. You are allowed one free credit report per year from each of the 3 major bureaus (Equifax, Trans Union and Experian). The credit report should reflect that the judgment is paid/satisfied. Judgments do not come off your report when they are paid. They are just marked paid. They come off after 7 years.

You do not file a piece of paper with the court. A creditor has 60 days to file a satisfaction after a judgment is paid. If none is filed within that time, then you have to make a written demand that the creditor file it or else you can sue for damages. If you send a certified letter and the plaintiff still fails to act, then you can request that the clerk of courts mark the judgment as satisfied. The statute governing satisfaction is set forth below. Once you get a copy of the saitsfaction, you send a copy to the credit bureaus and ask them to reflect on your report that the judgment has been paid. You can also add a 100-word statement that can explain what happened like "I lost my job and was evicted because I could not pay my rent. Unfortunately, a judgment was entered, but I paid the debt and now have a good job." Or something like that that depending on your circumstances. Landlords are going to be leery about renting to you because they don't like the fact that you had to be evicted for non-payment of rent.

O.C.G.A. � 9-13-80. Execution to be canceled when satisfied; private right of action; damages

(a) Upon the satisfaction of the entire debt upon which an execution has been issued, the plaintiff in execution or his or her attorney shall timely direct the clerk to cancel the execution and mark the judgment satisfied. Such direction shall be delivered to the clerk not later than 30 days following the date upon which the execution was fully satisfied.

(b)(1) A private right of action shall be granted to a judgment debtor upon the failure of such plaintiff or counsel to comply with the provisions of subsection (a) of this Code section.

(2) Failure to direct cancellation and satisfaction within 60 days after satisfaction of the entire debt shall be prima-facie evidence of untimeliness.

(3) Recovery may be had by way of motion in the action precipitating the judgment and execution or by separate action in any court of competent jurisdiction.

(4) Damages shall be presumed in the amount of $100.00 and the court may award reasonable attorney's fees. Actual damages may be recovered, but in no event shall recovery exceed $500.00; provided, however, the court may also award reasonable attorney's fees.

(c) In order to authorize the clerk of superior court to make an entry of satisfaction with respect to an execution on the general execution docket, there shall be presented for filing on the general execution docket:

(1) A satisfaction upon the original execution or alias execution itself;

(2) A satisfaction as provided in subsection (d) of this Code section; or

(3) A satisfaction as provided in subsection (e) of this Code section.

Any clerk of superior court who cancels of record any execution in the manner authorized in this subsection shall be immune from any civil liability, either in such clerk's official capacity or personally, for so canceling of record such security deed.

(d) Proof of satisfaction of an execution, the original of which has been lost, stolen, or otherwise mislaid, may be made based upon an affidavit executed by the plaintiff in execution or owner or holder of record of such execution and who so swears in such affidavit, which affidavit shall be recorded in the execution docket and shall be in the following form:

County, Georgia

Affidavit for Satisfaction of Execution

The original execution having been lost or destroyed and the indebtedness,

penalties, and interest referred to in that certain writ of fi. fa. styled

v. , dated , and of record in General Execution Docket Book

, Page , in the office of the clerk of the Superior Court of

County, Georgia, having been satisfied in full and the undersigned being the

present owner of such writ of fi. fa. by virtue of being the plaintiff in fi.

fa. or the heir, assign, transferee, or devisee of the original plaintiff in

fi. fa., the clerk of such superior court is authorized and directed to make

an entry of satisfaction with respect to such writ of fi. fa.

In witness whereof, the undersigned has set his or her hand and seal, this

day of , .

(SEAL)

Signature

Signed, sealed, and

delivered on the

date above shown

Notary Public

(SEAL)

My commission expires: .

(e) In the event that a plaintiff in execution or any person that owns or holds an execution has failed to properly transmit a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the execution of record within 60 days after a written notice mailed to such plaintiff in execution or owner or holder of record by registered or certified mail or statutory overnight delivery, return receipt requested, the clerk or clerks are authorized and directed to cancel the execution upon recording an affidavit by the attorney for the judgment debtor against whom the execution was issued or any attorney who has caused the indebtedness and other obligations under the execution to be paid in full or any attorney who has actual knowledge that the indebtedness has been paid in full. The notice shall be mailed to the plaintiff in execution or owner or holder of record, shall identify the execution, and shall include a recital or explanation of this subsection. The affidavit shall include a recital of actions taken to comply with this subsection. Such affidavit shall include as attachments the following items:

(1) A written verification which was given at the time of payment by the plaintiff in execution or owner or holder of record of the amount necessary to pay off such obligations; and

(2) Any one of the following:

(A) Copies of the front and back of a canceled check to the plaintiff in execution or owner or holder of record showing payment of such obligations;

(B) Confirmation of a wire transfer to the owner or holder of record showing payment of such obligations; or

(C) A bank receipt showing payment to the plaintiff in execution or owner or holder of record of such obligations.

(f) Any person who files an affidavit in accordance with subsection (d) or (e) of this Code section which affidavit is fraudulent shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than three years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both.