Legal Question in Civil Litigation in Texas

No satisfaction of judgment filed...

Hello. A judgment was awarded against me Aug. 21, 2004. I promptly paid the plaintiff, as I was instructed to by the court. The plaintiff was instructed to file a satisfaction of judgment as soon as payment was received. I sent him a letter 10/12/04 requesting he file as he was instructed by the court. He still has not filed, and while I do have proof that I made the payment, the judgment still reflects unpaid. Three questions: Can he be held in contempt of court for not doing as the judge instructed? If so, how do I get this done? If not, can I at least file a motion to vacate the judgment so that it doesn't ever appear on my credit report? The Harris County civil court's office refuses to assist in any way, says I need to hire a lawyer which has been quoted to me at $700, which seems unfair considering I have done everything that I was supposed to do and am now at the plaintiff's mercy.

To further complicate things, I am moving out of state in exactly seven days. Please help!


Asked on 10/27/04, 2:06 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: No satisfaction of judgment filed...

You'll have to move for written court orders and then move for contempt. Unless you intend to return for the hearing(s), you'll need to engage a lawyer to act on your behalf.

It may not be fair, but life isn't necessarily fair. If you had an attorney in the first place, the attorney would have made sure that a satisfaction of judgment was signed contemporaneously with the payment of money.

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Answered on 10/27/04, 2:31 pm


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