Legal Question in Credit and Debt Law in Virginia

Judgement

I had recently had a judgement posted against me. I have since paid off the balance owed, but still owe the additional fees included with the judgement. If the balance owed has since been paid off. Can I legally have the judgement reversed, without the extra fees not paid off yet??? Also, can they still charge me interest on the extra fees, since the owed balance was paid??

Any advise would be great!!

Thank you


Asked on 1/04/06, 6:53 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Judgement

The judgment creditor is under no obligation to have the judgment removed from the record until the entire amount of the judgment has been satisfied, meaning paid in full, including whatever collateral costs and fees are included with it such as interest.

And, yes, one can continue to be charged interest on these collateral costs/fees until they too are paid off.

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Answered on 1/04/06, 7:48 pm
Jonathon Moseley Jonathon A. Moseley

Re: Judgement

I am a little unsure what you mean. When you

say the judgment was "posted" against you, we

use different jargon in the law. So I assume

that you mean an actual judgment was officially

decided in court against you. (We say that a

lawsuit is "posted" on your door, BEFORE it is

final.)

Assuming that an actual court judgment has been

entered officially, then everything that was

ordered in the court judgment must be paid before

the judgment is satisfied.

It is not normal to have a court judgment

vacated when paid, but simply marked as paid.

But it will still show as a court judgment

against you, even after it is paid.

The way you ask the question, I wonder if maybe

you are saying that the lawsuit is still pending

and a court judgment has not yet been officially

entered against you. In that case, of course, if

the debt is paid, then the lawsuit MUST be dropped.

You ask about the other charges, which can only

be (a) the filing fee of approximately $38,

(b) attorney's fees, or (c) additional interest.

There is no question that the filing fee (court

costs) will be awarded by the court. So you

should pay that.

The attorney's fees and high rates of interest

both depend upon whether there is a contract

signed by you in which you AGREED to pay those

attorney's fees and high interest. Attorney's

fees are assumed to be 25% of the principal debt.

If the lawsuit has not yet been entered, it is

possible that the judge might not award them. If

you have any doubts, you can go into court and

get the judge to decide, and then offer to pay

before he enters a court judgment if he agrees

the amounts are due.

As to interest, I disagree that interest is due

on the court costs or attorney's fees or interest

upon interest. I don't believe that you would

owe interest on these amounts.

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Answered on 1/04/06, 10:30 pm


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