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Judgement Help


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I was taken to small claims court in CA. I lost and paid the judgment of $2,500 in full to the creditor. The judgment still shows a unpaid balance $2500 on my credit reports. Doesn't the creditor have to file an Acknowledgment of Satisfaction of Judgment to the court w/in 30 days of the judgment being paid?

I'm getting the run around from the creditor since I am no longer in their data system. I called and asked for a copy of my physical file and they have not returned my calls. What do I need to do in this situation to get the creditor to comply? Is there any opportunity to have the judgment removed from my CR since it is technically not being reported accurately? Your help is much appreciated.

A

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The judgment still shows a unpaid balance $2500 on my credit reports

Dispute thru the CRAs. They will either verify thru e-oscar or delete.

Doesn't the creditor have to file an Acknowledgment of Satisfaction of Judgment to the court w/in 30 days of the judgment being paid?

Have you checked to see if it was filed? Do you have a copy of the Satisfaction of Judgment? Send a copy to the CRAs

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Read CCP section 116.850. The Judgment is required to file a satisfaction of judgment. Write the Jugment creditor a letter. Say that they were required to file a satisfaction "immediately" pursuant to 116.850 (a). When they ignore you, file a request with the court under 116.850 ©. You are entitled to all of your damages (for the failure to file a satisfaction) plus $50.

San Luis Obispo has a form for such a request. See if your County does too or you can use this as an exemplar:

http://slocourts.net/downloads/forms/civil/sc003.pdf

Good luck.

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The section says:

Any judgment creditor or assignee of record who, after

receiving full payment of the judgment and written demand by the

judgment debtor, fails without good cause to execute and file an

acknowledgment of satisfaction of the judgment with the clerk of the

court in which the judgment is entered within 14 days after receiving

the request, is liable to the judgment debtor or the judgment debtor'

s grantees or heirs for all damages sustained by reason of the

failure and, in addition, the sum of fifty dollars ($50).

I don't know what damages you have sustained but if you could not get a loan, or refi or had to pay a higher rate on your credit card because of the existance of the judgment, these might qualify. If not, you could at least recover the $50 plus any filing fee you had to pay for filing the form.

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Yes. First you should write the letter and wait until the time limit you give them has expired.

Then, fill out the form and file it at the clerk's office. Pursuant to the code, the clerk is empowered to "order" the satisfaction of the judgment.

You then record it in every county where the judgment was recorded and the CRAs should correct the reporting.

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