Insomnihacks

5 months and no Satisfaction of Judgement

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Here's the rundown:

- September 2008 Judgement won in favor of Arrow Financial Services for the amount of $3,395

- September 2011 Contacted Arrow Financial Services regarding a settlement offer. I was referred to Rausch, Sturm, Israel, Enerson & Hornik, LLC

- September 29, 2011 Settlement offered in the amount of $2,685

- October 21, 2011 offer was accepted and payment was made via bank transfer

- Between October and Now multiple failed attempts were made to secure the Satisfaction of Judgment to the courts.

- Early in Feb I sent a certified letter return receipt to Arrow Financial Services demanding that the satisfaction of judgment be sent in.

- Called Arrow Financial today and they claim they sold the Account to Resurgent Capital Services in September 2011 (1 month before a payment was made) How is this possible if Arrow Financial Services LLC was the Company awarded the Civil Judgment?

- Called Rausch, Sturm, Israel, Enerson & Hornik, LLC today as well and they told me they would get back to me either today or tomorrow and tell me if they found someone who could legally collect here in California. WTF?!

- I am sending a letter off citing the California Civil Procedure regarding Satisfaction of Judgements

Here is a copy of the letter I am sending to Rausch, Sturm, Israel, Enerson & Hornik, LLC

03/06/2012

My Name

My Address

Rausch, Sturm, Israel, Enerson & Hornik, LLC

250 North Sunnyslope Road Suite 300 Brookfield WI 53005

Dear Rausch, Sturm, Israel, Enerson & Hornik, LLC,

Re: Civil Judgment #******* / File # ******

On September of 2008 Arrow Financial Services was 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. It has been over five months, and I have been rather patient with regards to the different debt collectors that have been involved with this account. This is a demand for your law firm to furnish a Satisfaction of Judgment to the Lassen County Superior Court House. Your law firm was tasked with collecting on this account. Your law firm will be held liable. I have included the original settlement offer along with my bank records to prove payment. I have also included a copy of CODE OF CIVIL PROCEDURE SECTION 724.010-724.100 for your reference.

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.

If your law firm fails to comply with this demand I will be forced to pursue further legal action against your law firm. This will also include filing a complaint with the Wisconsin State Bar Association for unprofessional ethics and practices.

Sincerely,

ME

I also have sent in disputes to the 3 CRA's yesterday (3/5)

Questions

- Is this the only letter I need to send off regarding this account since they are the ones who collected?

- Is my letter out of line considering the circumstances?

- If they fail to furnish the Satisfaction of Judgement does anyone know a good lawyer that would love to smash them into the ground?

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Don't know a good lawyer (or a bad one for that matter) in your area. However, I'd argue they are violating the FDCPA. I'd come up with some theory that their not only in non compliance with the rules, but willful non compliance, and that violates the FDCPA.

They have to follow the FDCPA even after judgement. Argue something like their non compliance is basically misrepresenting the legal status of the debt.

Oh that letter looks good to me. Right to the point and your only threat is that "you will be held liable." Not a lot of b.s. threats about complaints and FTC action, ect...

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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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Congrats on following up on that Satisfaction! Glad they sent it to you already recorded with the county. They probably realized they were messing with someone that is well informed...

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That is what I am afraid of happening - if ever I do settle with the judgment creditor that is ironically representing Arrow Financial as well, that they might sell the balance to another debt collector.

Did you outline the terms and conditions with the judgment creditor representing Arrow Financial? I need help in outlining that letter so I can send it to the judgment creditor.

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The settlement offer stated that it would settle the account out. I wouldn't have paid if it didn't.

I hope I can find equal success with the judgment creditor representing the collection agency.

By the way, when I called the judgment creditor, they told me that since they are linked to the court system, once the settlement is completed, it will automatically drop all the judgments and lien against me. What they will give me in the end is a letter that the account is already settled and closed. Did you have that letter recorded in your local county clerk?

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Congrats on getting the sat, and yes when an entity is awarded a civil judgment they are permitted to sell the judgment.

If I can word it directly on the terms and conditions of the settlement agreement, that the balance of the settled amount may not be sold upon completion of settlement payment, would that be legally binding enough in addition to the discharge letter they will send later on and have both recorded in the local county clerk?

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