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Frustration with Satisfaction of Judgement!


Insomnihacks
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This is my first post and I do apologize ahead of time if it seems a bit cluttered. I'll try to structure it for easier reading. I had a civil judgement placed against me in September 2008 for the amount of $3,395.00

I resided in Idaho while on Active Duty Air Force from 2002 - 2003. I've resided in California ever since being Honorably discharged in 2003.

I have had a bit of difficulty with getting the judgement squared away. Here's is a timeline of events to give enough data for consumption.

- Feb 2003 Credit Card was issued to me by First Tennessee Bank with a CL of $2,000

- May 2003 Date of Delinquency

- Some time in 2005 contacted by Hudson & Keyse regarding said account

- At the same time payments of $50 per month was accepted by CA

- Some time in 2006 was contacted by Arrow Financial Services regarding the same account. (Hudson and Keyse Sold the account to them apparently)

- Told Arrow Financial to screw themselves because I already had payments set up through Hudson and Keyse. They stated that they were the owner of the account now.

- At the same time I stopped payments and ignored them

- 2008 was served with papers regarding said account with Arrow Financial Services as the Plaintiff.

- I didn't show up to court (Was afraid I was going to be made to look like a degenerate)

- September 2008 Judgement placed against me for the amount of $3,395.00

- 2009 Divorced (Irrelevant but it was needed)

- 2010 decided to clean up credit (Post Divorce Credit Cleanup Yeah!)

- October 23, 2011 CA contacted regarding said account to attempt a settlement offer.

- October 23, 2011 CA referred me to Rausch, Sturm, Israel, Enerson & Hornik, LLC

- Spoke with a rep the same day and an offer of $2650 was the minimum they would accept. They stated that the Judgment had ballooned to over $5,400.00 due to Post Judgement interest (10% per year in California) and they would only accept half.

- I accepted said offer and made the payment the same day via bank account number (Bad Bad Move on my Part. We all know why). I asked for a receipt which was never sent

- Placed call to Rausch, Strurm, Israel, Enerson & Hornik, LLC on November 28, 2011 asking if Satisfaction of Judgement had been sent in. They stated they had nothing to do with it and it would be up to Arrow Financial Services

- Placed call to Arrow Financial Services on the same day (11/28). Their automated system automatically transferred me to Resurgent Capital Services.

- On the same day I spoke with a Resurgent Rep that stated that I would have to wait 6 weeks (Their Policy) for them to process it and send the satisfaction of judgment to the local court. I also asked why they were handling the account if Arrow Financial had legal ownership of the civil judgement. They didn't have an answer.

- Jan 31, 2012 Spoke with Resurgent Representative that stated I needed to wait 6 weeks for processing the paperwork. I stated the date (10/23) that I made payment and it was past their 6 week policy. She said she didn't know what to say. I asked for her supervisor.

- Spoke with supervisor same day and he stated he didn't know why it hadn't been processed yet and he would get an answer for me ASAP. I demanded one be sent in immediately (I did this in a professional manner. No profane or vulgar language was used)

- Received a voicemail from Resurgent with a reference number and phone number for me to call them back on. (This happened on 2/6)

- Called them today (2/7) regarding the voicemail. The rep stated that they need ME to send in the judgement paperwork for them to process it and obtain the satisfaction of judgement. I questioned the rep as to why I would need to send it in if they were handling the account. They must have had some sort of legal paperwork to be able to handle said account with a civil judgment owned to Arrow Financial. They stated they had difficulty in getting a LPOA from Arrow Financial and that they would need the court documents to be able to process it. They gave me a fax number to send the paperwork into.

Obviously I'm a bit peeved. I understand somewhat why they would need this paperwork. Logically I would think that if Arrow Financial handed off responsibility of this account to Resurgent Capital they would have had the civil judgment paperwork with it. Resurgent stated that they see that the balance has been paid in full yet they can't send in a Satisfaction of Judgement because they don't have the correct paperwork?!

Excuse me but it sounds like a load of crap to me. You're telling me that you legally obtained the right to place a lien on my bank account or any real property to recoup money owed yet you can't keep your paperwork in line for a Satisfaction of Judgement?! You can file all the necessary paperwork to obtain this judgment but when it comes to sending a Satisfaction of Judgment suddenly you turn into a complete imbecile and can barely color inside the lines?!

I haven't disputed this yet with the CRA's because the payment I made was to Rausch, Sturm, Israel, Enerson & Hornik, LLC and not Arrow Financial Directly paper trail wise.

Obviously I'm going to go get the documents from the court and fax them in to them. I was thinking of sending a bill with it for the cost of the documents. If they decide not to pay I'd like to place it in collections. Granted I'm pretty sure it's impossible to do but it would be rather humorous!

Has anyone else dealt with such a load of crap obtaining a satisfaction of judgement?

James

P.S. I wish I would have found these forums much much earlier.

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Has anyone else dealt with such a load of crap obtaining a satisfaction of judgement?

Sounds like someone hasn't read CCP 724.030 (underlining by Calawyer):

When a money judgment is satisfied, the judgment creditor

immediately shall file with the court an acknowledgment of

satisfaction of judgment. This section does not apply where the

judgment is satisfied in full pursuant to a writ.

However (I hope you are sitting down), this is not the first time this has happened in California. Creditors are skilled in seeking payment but complying with their obligations afterward, not so much.

Fortunately, California has a remedy. Read CCP 724.050. CA Codes (ccp:724.010-724.100)

Follow the procedure in that section and include, verbatum, the language in subsection (B).

Good luck

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Ironically enough, I did end up doing a bit of research online regarding Satisfaction of Judgements in California shortly after making this post. That exact link a matter of fact. I do apologize for wasting space here instead of doing better research.

I am typing up a letter tonight and will be sending it out to Arrow Financial Services along with the other two main players in this situation. It will be certified mail of course.

Again I do apologize again for wasting space and not doing proper research first before posting. I think I let my emotions get the best of me today when hearing their "BS" responses.

I do appreciate your time in responding calawyer.

Thank You.

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Again I do apologize again for wasting space and not doing proper research

Thank You.

Sorry. When I said "someone hasn't read CCP 724.030", I did not mean you. I meant the rep who said it was your obligation to send in the paperwork.

That is a bald-faced lie and they know it.

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Ahhh I see. I misunderstood.

I've already got the letters typed up. I'm honestly thinking the only company I need to send a letter to is Arrow Financial services due to them being the ones on the Civil Judgement. Legally they are the only ones that are responsible I'm thinking.

My feelings about this have actually gone from frustration to elation mainly due to the fact that if they don't comply it's going to get nasty for them. I honestly don't deny the debt. It was my fault for not paying it in the first place. On the other hand I held up my end of the agreement on the settlement aspect.

I think that as much as they have been jerking me around they won't respond. Then it'll get really fun :)

Again, your responses are greatly appreciated.

Thank You,

James

P.S. This forum has helped me raise my credit score considerably over the past months. An invaluable wealth of information :)

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@WhoCares1000- I did get it in writing of course :)

Update: I sent off the letter to Arrow Financial Services today at lunch. What do you think of it?

Arrow Financial Services LLC

5996 W. Touhy Avenue Niles, IL 60714

Dear Arrow Financial Services LLC,

Re: Civil Judgment #EDITED

On September of 2008 you were awarded a civil judgment against me for the amount of $3,395.00 . I settled said judgment via Rausch, Sturm, Israel, Enerson & Hornik, LLC on Ocbtober 21, 2011 for the amount of $2681.25.

Unfortunately, as of today, you still have not sent in the Satisfaction of Judgment regarding this case. I have been rather patient with regards to the different debt collectors that have been involved with this account. You’ve consistently referred me to Resurgent Capital Services for handling this account although you are the only ones with legal claim to this Civil Judgment #EDITED. On Feb 7, 2012 Philip from Resurgent Capital Services stated they had yet to receive a Limited Power of Attorney from YOUR company to handle this account. They stated to me on Feb 7, 2012 that it was MY responsibility to send in a copy of said judgment to them so they could clear this up. California law dictates that it is YOUR responsibility to handle this issue.

Please refer to California Civil Code 724.050.

Important warning. If this judgment has been satisfied, the law requires that you comply with this demand not later than 15 days after you receive it. If a court proceeding is necessary to compel you to comply with this demand, you will be required to pay my reasonable attorney's fees in the proceeding if the court determines that the judgment has been satisfied and that you failed to comply with the demand. In addition, if the court determines that you failed without just cause to comply with this demand within the 15 days allowed, you will be liable for all damages I sustain by reason of such failure and will also forfeit one hundred dollars to me.

Sincerely,

EDITED

Think it was straight forward enough? :)

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Rausch, Sturm is a law firm. They got paid to collect this debt from you. In fact their fee was probably 22%-30% of what they collected. It's their responsibility to satisfy the judgment and they do not need anything further from you. Call and ask for a manager, and then ask for the manager's boss if needed. You could file a legitimate complaint with the Bar Association if they do not satisfy the judgment.

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  • 4 weeks later...

Update!

I finally was able to get a hold of Arrow Financial and stated that it has been 15 days since the letter was received and I was prepared to follow through with legal proceedings.

Then gentleman on the phone stated that they had sold the account to Resurgent Capital in September 2008. Why didn't they send paperwork regarding such an acquisition of this account?

Nevertheless I contacted Rausch, Sturm, Israel, Enerson & Hornik, LLC again today and told them what the California Civil Code states regarding this issue. I calmly and professionally stated that I have been a very patient man about this issue but my patience has run out. I told them I expected this to be rectified immediately. They told me I would have to wait for them to get a hold of someone that could legally collect in California. I'm at my wits end.

I contacted the Access to Justice center here and have to wait for the attorney to come back to work (Sigh)

Also - I will be filing a complaint with the Wisconsin Bar Association.

Also - I filed disputes with all 3 CRA's regarding the issues as well.

Someday this will all be over. They sure know how to anger a person don't they?

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Update!

Today in the Mail I received a CC of the Satisfaction of Judgment to the County Court House. I guess persistence pays off. Apparently when I made those calls earlier in Feb they finally got the ball rolling. The date it was signed was on 2/9. It took almost a month to get sent in and taken care of.

I'm happy it's done with. Now for it to reflect on my credit report. I don't think I would have been able to do it without the knowledge I gained from this forum alone. I thank you all for your help and time.

James

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Update!

Today in the Mail I received a CC of the Satisfaction of Judgment to the County Court House. I guess persistence pays off. Apparently when I made those calls earlier in Feb they finally got the ball rolling. The date it was signed was on 2/9. It took almost a month to get sent in and taken care of.

I'm happy it's done with. Now for it to reflect on my credit report. I don't think I would have been able to do it without the knowledge I gained from this forum alone. I thank you all for your help and time.

James

Excellent. Way to go.

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Too bad you are not as devious as I am:

From your original post:

Called them today (2/7) regarding the voicemail. The rep stated that they need ME to send in the judgement paperwork for them to process it and obtain the satisfaction of judgement. I questioned the rep as to why I would need to send it in if they were handling the account. They must have had some sort of legal paperwork to be able to handle said account with a civil judgment owned to Arrow Financial. They stated they had difficulty in getting a LPOA from Arrow Financial and that they would need the court documents to be able to process it. They gave me a fax number to send the paperwork into.

If you had been me, I would have done that - and snuck into it the following provisions:

1: the Satisfaction will be filed with the appropriate Courts and County Recorders within 48 hours of receipt, having been sent CMRRR.

2: Failure to do so would incur Liquidated Damages in the sum of one million ($1,000,000.00) dollars.

3: each Plaintiff and their attorneys appoints me as "Attorney in Fact" for the purposes of entry of a Confession of Judgment in the amount of One Million ($1,000,000.00) Dollars in the event of failure to act in accordance with point 1.

If they want me to draw up legal papers, they might not like what I draw up.

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Too bad you are not as devious as I am:

From your original post:

If you had been me, I would have done that - and snuck into it the following provisions:

1: the Satisfaction will be filed with the appropriate Courts and County Recorders within 48 hours of receipt, having been sent CMRRR.

2: Failure to do so would incur Liquidated Damages in the sum of one million ($1,000,000.00) dollars.

3: each Plaintiff and their attorneys appoints me as "Attorney in Fact" for the purposes of entry of a Confession of Judgment in the amount of One Million ($1,000,000.00) Dollars in the event of failure to act in accordance with point 1.

If they want me to draw up legal papers, they might not like what I draw up.

I've read quite a few of your threads in this forum. They've all been extremely helpful. Your signature also gave me confidence. Got to love catching them on violations. I've got one more CA to deal with and I'll be done. Lessons learned :)

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  • 2 months later...

@ Insomnihacks...I am currently going through a very similar ordeal with capital one where the judgment was filed in VA. Collection paid to Gurstel and Chargo Law firm on 3/16. However, I cannot get them to update the judgment as satisfied. I sent a similar letter CMRRR quoting various VA state laws demanding the judgment be updated within 10 days (VA State Law) on 4/26 and only received a "thank you for your inquiry letter blah blah we have no record of you" back from them... I recently received a satisfaction letter from Capital one (finally) on May 19. I guess my question to you is who did the update you finally were CC'd on come from? Was is the law firm or Arrow? Thanks for any input.

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