Legal Question in Credit and Debt Law in New Jersey
Warrant To Satisfy Judgement
Amonetary judgement against my son and wife went unpaid for over 15 years. Based upon information in credit report I contacted the plaintiff and we reached a settlement on the judgement. I paid the plaintiff and he signed a warrant to satisfy judgement which was filed at the county courthouse. At a realestate settlement 5 days later the title company refused to recognized the document on the ground it was not legal to entered into an agreement with the plaintiff but should have been done through the plaintiff's lawyer . The plaintiff did not tell us that they had a lawyer who filed the original complaint more than 15 years ago and the credit report did no list that information. The title company will not pay us the money witheld by them even though the plaintiff told them that they did in fact sign the agreement. The plaintiff's lawyer wants the additional money turned over to them. We feel that the title company is wrong and that their only legal obligation is to confirm that the agreement was propably signed by the plaintiff. Am I correct and if so how do I collect my money?
2 Answers from Attorneys
Re: Warrant To Satisfy Judgement
I have read Mr. Davies reply to your question and agree with his assessment. The title company's only concern should be whether the judgment is satisfied on the record so that the judgment lien is discharged. I also agree with Mr. Davies that you will need the help of a lawyer to get this fully resolved.
Re: Warrant To Satisfy Judgement
Your situation, paying off a judgment to allow a closing to go through, is very common. It is not possible to solve your problem through this bulletin board. You need solid legal advice, and probably will need an attorney to take action for you. The problem is with your title company; they may not be correct in what they are saying. The collection attorney, by the way, is probably not happy because he did not get paid his fee on the money paid to the company.
You need to contact an attorney near you. If you are in northern NJ, please contact me and I will be happy to assist. If you try to do this without an attorney, you will be fighting an attorney and a title company without legal expertise. I strongly suggest you get a lawyer.
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