Legal Question in Civil Litigation in New York
Judgments
I had a judgment rendered against me in July 2002 for past due rent for a rental property by Mussara Managment. I have since paid off the judgment February of this year. I sent the payment in full to their office. I have been trying to obtain a satisfaction of the judgement, I've contacted their office a number of times and have faxed them a copy of the cancelled check which clearly shows they deposited it into their account. Every time I call I get the run around, we are still looking for it, can you fax over proof that you paid it...blah..blah..blah. I have contacted the court and they can't give me a satisfaction of the judgement b/c the above company has failed to notify thme that the debt has been paid. I still have this on my credit reports as a negative b/c they can't verify it with the court that it has been paid! This debt is due to drop off in April of 2009 but I plan on purchasing a house at the end of 2008/beginning of 2009 and need this taken care of. I have since found out that the jusdgment was filed under my co applicants name and that explained I guess why they couldnt find the record, now they say they have the satisfaction and that they sent it to me I don't have it and neither does the court, how can I fix it?
2 Answers from Attorneys
Re: Judgments
Several suggestions:
1. You may retain an attorney to send a letter demanding the Satisfaction of Judgment.
2. You may contact the local bar association and file a grievance against the firm for failing to send a Satisfaction of Judgment.
3. Finally, you may commence an action against the attorney for abuse of process for failing to send a Satisfaction of Judgment despite full payment of debt.
Mike.
Re: Judgments - obtaining satisfaction of judgment
NY Civil Practice Law & Rules (CPLR) provides a solution where a judgment debtor has satisfied a judgment but cannot obtain a satisfaction piece (which is what a satisfaction of judgment is referred to as in the CPLR).
A judgment debtor that has satisfied a judgment can obtain entry of satisfaction of judgment by the clerk upon order of the court made upon notice when the judgment debtor cannot furnish clerk with a satisfaction piece.
An individual can represent himself in court pro se (as his/her own attorney), or if he/she can afford it can hire an attorney to represent him/her.
The motion in question is a simple motion for a competent attorney to handle.
For additional information about debtor-creditor issues please feel free to visit the Frequently Asked Questions (FAQs) on our website at www.starrandstrarr.com and Blog posts there.
The foregoing is intended as general information of interest to readers of this site and is not intended as legal advice for your specific situation. Facts and circumstances not discloses in your brief posting may materially affect your rights and remedies. You should consult with an attorney.
Best regards,
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