Legal Question in Civil Litigation in Maryland

Foreign judgment paid then refiled years later

1986 default judgment against my husband in Virginia (he was not served). Person then filed a foreign judgment against him in MD in 1990. Person did not renew judgment in MD within 12 years. Person filed a notice of satisfaction in MD in 2001. Now, in 2005, person has refiled the same 1986 foreign judgment again him in MD. Checked court file, found court entry shows filing of satisfaction in 2001 but also shows person inspected the file in 2003. The notice of satisfaction is no longer in the court file. I have court docket entry and it's on the court computer that the judgment was satisfied and I have the notice from the court sent in 2001 that the judgment was satisfied. I'm filing a motion that this was satisfied. Do I have any other recourse? This person never filed a satisfaction notice in Virginia.


Asked on 4/21/05, 9:58 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Foreign judgment paid then refiled years later

The motion you want to file should be a motion to dismiss the new complaint, based upon the fact that a notice of satisfaction of the judgment was filed. You should attach a copy of the 2001 notice as an exhibit, since the court copy is missing. I would point out the missing document to the court in case it wants to investigate what happened.

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Answered on 4/22/05, 9:40 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Foreign judgment paid then refiled years later

Your motion is to dismiss the plaintiff's complaint as it has been satisfied. Based on your facts, you may also plead that it is time barred as well as rendered to final judgment (barred as to res judicata and/or collateral estoppel). You should include your exhibits. You should advise the court of potential impropriety with the court records. Be sure to give proper language and effect to your response. Contact an attorney should you need assistance. Joe Holthaus (410) 750-2567

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Answered on 4/22/05, 10:33 am


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