Legal Question in Credit and Debt Law in Pennsylvania
Hello,
I used to live in Dingman's Ferry, PA. I lost my house and was forced to complete a short sale. During this process I fell behind on my HOA payments. A judgment was awarded to the HOA in the amount of $2900.00 and this judgment is reflected on my credit report. When the short sale was completed, the amount was paid in full (part of the closing). This amount was paid within 8 months of the judgment award.
Skip forward two years. I am still fighting the HOA and their attorney to get this judgment removed from the court and from my credit report. The attorney is supposedly doing what they can, but have produced no results.
What recourse do I have?
Thanks!
M
1 Answer from Attorneys
M,
When a judgment is paid (called satisfied), the creditor has an obligation to mark the judgment as paid. If they don't do it within 60 days, you send them a certified letter telling them to do it or else you will take legal action. If they still fail after another 90 days, get a lawyer. You can recover damages and possibly attorney fees..
Here is the statute:
42 Pa.C.S.A. � 8104 - Duty of judgment creditor to enter satisfaction
(a) General rule.--A judgment creditor who has received satisfaction of any judgment in any tribunal of this Commonwealth shall, at the written request of the judgment debtor, or of anyone interested therein, and tender of the fee for entry of satisfaction, enter satisfaction in the office of the clerk of the court where such judgment is outstanding, which satisfaction shall forever discharge the judgment.
(b) Liquidated damages.--A judgment creditor who shall willfully or unreasonably fail without good cause or refuse for more than 90 days after written notice in the manner prescribed by general rules to comply with a request pursuant to subsection (a) shall pay to the judgment debtor as liquidated damages 1% of the original amount of the judgment for each month of delinquency beyond such 90 days, but not less than $250 nor more than $2,500. Such liquidated damages shall be recoverable pursuant to general rules, by supplementary proceedings in the matter in which the judgment was entered.