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Seidberg settlement letter


GuySmiley
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i am about to settle my credit card judgment with siedberg law office.. i requested to there Rep that they state in there letter  with the courts that i want it settled with "Prejudice"   the Seidberg Rep acted as if
they can not do that because they are not a collection agency just a law firm, are there any sample letters i could send to them agreeing to state with "prejudice" and agreeing to remove
the judgment from the court docket records.   i know that once a debt is settled the courts will remove the judgment,     i just want to make sure that Siedberg will not sell or re-sue me for the remaining balance at a later time...

 

 

 

anyone have a sample letter i could send giving them my terms to the agreement.

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I don't have any recorded judgments that I need to satisfy or have satisfied so I do not have direct experience relative to the OP's situation as described.

I read "i just want to make sure that Siedberg will not sell or re-sue me for the remaining balance at a later time..." as being a negotiated payoff for less than the full amount of the judgment. If that is the case, I believe it is a valid concern. I would probably want language providing a full release of all claims known or unknown and a full release of liability in return for the amount paid.

Obviously a competent consumer attorney would be the best place to acquire a proper settlement letter. I don't believe in cookie-cutter templates or letters: "There are no "magic bullet" DV letters, templates, motions, or pleadings."

 

That said and assuming that I could not consult an attorney with my questions, I would probably want to document a meeting of the minds (reduced to writing prior to any payment) that the one-time lump sum amount that I was paying is full satisfaction of the judgment in Such&Such Court case CV-12-XXXXX. It would also seem reasonable to have some written agreement along the lines of the law firm shall within xx days of receipt of good funds in the amount agreed upon, file a Satisfaction of Judgment with Such&Such Court and also file a Release of Lien with any county recorder's office where the judgment may have been recorded.

 

I am not aware of any need for "with prejudice" language in the settlement agreements I have drafted or modified. An exception to the "with prejudice" language would be in a stipulated settlement filed with the court that was associated with a dismissal with prejudice by the plaintiff. Having already been fully adjudicated, there is no case to be dismissed in the situation described by the OP.

http://www.mohavecourts.com/Justice/JCSS_SmallClaims.html states:
"When you are paid in full you must file a Satisfaction of Judgment with the court. This form is available from the court."

http://pinalcountyaz.gov/Departments/JudicialBranch/JusticeCourts/Documents/How%20To%20Self%20Help%20Packets/11-0116%20Collecting%20a%20Judgment.pdf
 states:
SATISFACTION OF JUDGMENT
After you collect the judgment you must file a Satisfaction of Judgment form with the Justice Court. The court can provide you with a form or you may obtain a form from the Pinal County Justice Court website.
If a Transcript of Judgment has been filed with the Superior Court the Satisfaction of Judgment must be filed with the Clerk of the Superior Court.

If you have recorded your judgment in the County Recorder’s Office you must also file a copy of the Satisfaction of Judgment in that office.


Form for AZ Superior Court "Satisfaction of Judgment and Release of Lien": http://www.clerkofcourt.maricopa.gov/faxondemand/110.pdf

33-964. Lien of judgment; duration; exemption of homestead; acknowledgment of satisfaction by judgment creditor appears to be the applicable Arizona statute.

I would think, if similarly situated, my goals would be:

1.) a release of any publicly recorded lien;

2.) an update of any credit reporting agency that the judgment has been satisfied; and

3.) an update the court docket to reflect the actual case status.

It is possible that any CRA updates (assuming the judgment showed up on any credit reports) might be best handled by the individual instead of relying on others.

Hopefully someone with actual successful experience can post precisely how they successfully accomplished the task the OP is now attempting in AZ.

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