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Getting a judgement marked as satisfied.


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Hi all,

I have a rather large judgement that has been satisfied, all through garnishments of bank accounts and paychecks. The court still has not marked it as satisfied though. The people that sued us told us flat out that they would not file to have it marked as satisfied and would fight us if we filed. I'm pretty sure that would be a waste of time for them though.

Here's my question. I need proof that it has been satisfied, but doesn't the court already have that because they issued the garnishment orders?

I can get papers from work showing it has been paid, but that could take a while from what HR was telling me, and I can get papers from the bank for that portion but that will also take some time.

Should I be able to ask the court for copies of the garnishment answers that were filed by the bank and work? The clerk said that they couldn't give me anything like that.

Anywho, I'm in utah if that makes any difference. Thanks for you help.

morcey2

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IN most states the satisfaction piece has to be filed in a certain period of time. If the creditor's lawyer tells you he will not file the sat, take it up with the grievance committee

If they had a lawyer, they would be much easier to deal with. It was a small claims case and the last contact that I had with the plaintiffs was them telling me that they wouldn't file a satisfaction and would fight me filing a satisfaction. The only thing I can find about filing a satisfaction of judgment is in the small claims packet where it states that "the creditor must file a satisfaction of judgment." I can't find anywhere in utah law where it specifies what can happen to the creditor if they don't file a satisfaction. I've read through the entire section (UCA 78-22) and find lots of "unless satisfied" and "unless previously satisfied", but no details.

thanks for you help.

morcey2.

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Plaintiff is most likely responsible for filing the satisfaction. You should check your state enforcement of judgment acts as you may have a legal cause of action against Plaintiff for failure to file the satisfaction. Also, you should contact the small claims court as upon proof of payment they may be able to file the satisfaction in Plaintiffs absence.

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  • 2 years later...

I know this is a really, really, REALLY, REALLY old thread, but I thought this might help someone.

I filed a "Satisfaction of Small Claims Judgment" with the court and attached all of my proof to the satisfaction. Not only did the satisfaction get granted, but the plaintiffs were slapped with an "Order to Show Cause" summons of some sort for not filing the satisfaction themselves. Part of the proof that I submitted was a transcript and recording of a conversation with one of the plaintiffs where she stated that they would not file a satisfaction because she wanted to make my life a "living hell" and that I couldn't do anything about it. There were also a couple of not so subtle threats included in the conversation. I don't know what happened with the order to show cause, but I got a refund check for the nominal filing fee from a local attorney a couple of months later.

Anyway, I don't know if this will help anyone, but I'm sure someone was out there in suspense wondering "What in the heck happened to that judgment satisfaction thing."

Or not.

morcey2

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I would think that if they flat refuse you can file suit for will full non compliance. I think they have to file a satisfaction, if they don't that could be perjury.

I would also think that a sanction is in order for lack of candor before a tribunal.

When a judgment is satisfied it is just that, satisfied. To not comply and file it such, and purposely not file and fight it if the defendant files could also be cause for a suit for financial injury, as this will cause you not to be able to get a mortgage or other loans.

I would contact a lawyer see what they say.

Maybe just the fact that filing suit for willful on compliance, financial injury, and sanctions from the court would get them to do what you want and need.

I would do more research before filing any papers with the courts but this is just some ideas.

Here is the easiest way to go about taking care of this judgment. File a motion to vacate judgment.

Rule 60 of Utah

Rules of Civil Procedure", but, basically, Rule 60 gives you the

following reasons for setting the judgment aside:

60(B)(1) mistake, inadvertence, surprise

60(B)(2) new evidence

60(B)(3) fraud

60(B)(4) the judgment is void

60(B)(5) judgment was satisfied or

discharged

OR

60(B)(6) any other reason

Also look at rule 67 (B)

(B) Payment of judgment - Satisfaction entered of record. Unless otherwise directed by the court, payment of money owing under and following a judgment may be made to the judgment creditor or his attorney, to the sheriff holding a writ of execution, or to the clerk of the court where the judgment is rendered. If paid to the clerk, the clerk shall notify the person entitled thereto or his attorney and shall pay such sum to him upon receiving a statement of satisfaction required herein. Money received by the sheriff towards satisfaction of the judgment shall be delivered to the clerk of the court where the judgment is rendered who shall then proceed as if the money were paid to him. A party or person receiving payment or satisfaction of a judgment shall furnish to the sheriff, clerk, party or person making payment a signed statement of total or partial satisfaction and any necessary assignment identifying the judgment by cause number and acknowledged as in the case of a deed which, when acquired or delivered to the clerk shall be entered in the records with the judgment. Such statement or any other entry by the clerk showing an assignment, payment or satisfaction of the judgment when certified by the clerk shall be received as evidence thereof, may be filed in the lis pendens record or judgment docket as provided in Rule 63.1(B) and when so filed shall serve as constructive notice thereof.

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