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browneyedgurl4

PLEASE help with a paid judgement

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My BF had a judgement and wage garnishment against him in 1998. He finished paying it off, they stopped taking it out of his checks and we figured that was the end. :roll:

NOW he is in the process of trying to get a mortgage and the mortgage company needed a copy of the "Satisfaction of Judgment" from the courthouse, guess what, the courthouse has no record of this person doing so.

He went to the lady's place of employment(lawyer's office)to get it signed. She WOULDN'T SIGN IT!! She said come back in a few days and maybe she will.

My question is, he has the pay stubs showing he paid off the garnishment, but it doesn't have any detailed info like who the judgement was going to. Do we have any legal recourse if she won't sign? This is ridiculous, he paid it OFF 4 years ago. What can we do? :cry:

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Maybe I am jumping the gun, but I would get an attorney if it was me. And if not, certainly it has to be on record somewhere what and who the garnishment was for! You've got a complicated situation on your hands. Hopefully one of our legal pros will come along quickly and answer this better than I can. :?

Sorry I am not more help.

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You don't say what state you live in so I can't help as much as I would like. Look at your state's code of civil procedure. Most states have a procedure where, if the judgment creditors refuses to acknowledge a satisfaction of judgment, the debtor can ask the court to do it and recover costs and fees. If your state has such a statute, you might want to set this up by writing a letter saying that the creditor refused to sign the satisfaction of judgment and that if they don't do it by (insert date a week from letter), you will be forced to petition the court to do so and will seek (whatever renumeration the statute allows).

Good luck.

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We live in the state of IL

I searched the code of civil procedure for the state of IL

735 ILCS 5/12-183(B)

"If the judgment creditor, his or her assigns of record or other

legal representative to whom tender has been made of all sums of money

due him or her from the judgment debtor including interest, on any

judgment entered by a court, wilfully fails or refuses, at the request

of the judgment debtor or his or her legal representative to execute and

deliver to the judgment debtor or his or her legal representative an

instrument in writing releasing such judgment, the judgment debtor may

petition the court in which such judgment is of record, making tender

therewith to the court of all sums due in principal and interest on such

judgment, for the use of the judgment creditor, his or her executors,

administrators or assigns, whereupon the court shall enter an order

satisfying the judgment and releasing all liens based on such judgment."

CALAWYER please interpret what the h#@LL this means to us common folk

What i gathered is that my BF has to request to the creditor that she sign the release(which he did verbally) she said come back (which he will this evening) and if she still refuses to sign the form, we have to take her to court or rather petition the court .... and that is where i got lost.

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:D Looks like i got all worried for nothing. My BF went over to her place of business yesterday per her request, and she signed the release of judgement form!!! 8)

I am so glad!!! Thanks for the support guys, you are all the best!! Now he can get the financing for a new mortgage.

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Great news!

For what it's worth, the statute you quoted says if they won't file a satisfaction of judgment, you can ask the court to do it.

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