Legal Question in Civil Litigation in Indiana

Collecting after judgement satisfied/vacated

I was sued in court by an insurance company. I was never served. My insurance company paid the claim and the judgement has been vacated. On the notice from the Plaintiff's attorney to have the judgement vacated, it clearly states ''Plaintiff and defendant now wish to settle the claim based on monies to be paid by defendant's insurance company to plaintiff as a result of plaintiff's claim against defendant. Defendant's Insurance company and Plaintiff have agreed that the sum of $2782.51 shall be pain in full satisfaction of the claim of the plaintiff.''

I have a copy of the Check State Farm sent, according to my agent, it has been cashed, this order has been signed. Now the Attorney's office sent me a notice saying that the balance of the debt is $443.00 and that they are trying to collect the debt from me. Is this legal? The attorney never served me and has had my license taken away. Any information would be appreciated. (I have an attorney, I just can't wait until tomorrow to find out if this is legal) Thanks!


Asked on 1/21/02, 7:09 pm

1 Answer from Attorneys
Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: Collecting after judgement satisfied/vacated

From what you write it appears that Plaintiff had accepted the $2782.51 as full satisfaction of the debt. Do you know if Plaintiff signed a release? While this does not seem right, there may be some loophole. Did you call plaintiff's attorney and ask what the remaining money was for? Good luck.

Read more
Answered on 1/21/02, 9:38 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Indiana