Legal Question in Civil Litigation in New Jersey

Collecting a Money Judgement

I was awarded a money judgement and requested the defendant to send me the awarded amount. I received a letter from the defendant's attorney which stated that before payment can be made to me he must receive a warrant of satisfaction of Judgement and an executed release by me for the defendant. He requests that these papers be sent to him and be held by him in escrow until I receive the defendant's check. I do not feel comfortable in sending a satisfaction of judgement or release to be held by the defendant's attorney without first receiving the check and waiting until it has been cashed. Is this valid procedure?


Asked on 8/10/01, 11:55 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Collecting a Money Judgement

This is a normal request by a Defendant's attorney. If you are uncomfortable with this process, suggest that you be given cash or his attorney trust account check and go to the office to exchange the documentation for the money simultaneously. This should satisfy your concerns. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 8/16/01, 11:22 am


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