Jump to content

Another check!!! win! (Advice needed)


Recommended Posts

I am the Judgment creditor.  (this is a contracts case, not related to debt collection)

 

The Judgment Debtor's attorney emailed me and said they have a check for me.  I need to go to his office and pick up the checks and sign some documents to have the judgment lifted.  I am pro se, and have been since I filed the case in federal court.

 

Honestly, I just want the check and if it clears I can sign a  "Satisfaction of Judgment" on my own and file it with the court.  I feel like they are holding the check hostage.

 

How do I convey this without sounding difficult?

I want my check, (close to $20k) but I am not willing to sign documents before I cash the check.

 

can I file a motion with the court to force the attorney to hand over the check without me having to meet the opposing attorney and sign docs?

Also, I don't even know if interest was added to the judgment amount.......

 

Does anyone have experience with this?

 

 

I will convey this in an email to the attorney, I was hoping to get advice on diplomacy

 

**Edit:  This is in federal district court, NY

Link to comment
Share on other sites

Just say when you pick up the check you'll sign a receipt for the check but will take any other paperwork to review.

 

There should be court forms for this and an allowance for so much time after filing the satisfaction with the court to get a copy to the debtor. See if it's here-

http://codes.lp.findlaw.com/nycode/CVP/50

 

also check with your local county for specific procedures, -

SATISFACTION OF JUDGMENT:
If a Transcript of Judgment has been filed with the County Clerk, once the Debtor pays off the Judgment, the Creditor has a legal responsibility to prepare and sign a Satisfaction of Judgment for the benefit of the Debtor, so that all liens and record of Judgment can be removed from the County Clerk's office. The Creditor must either file the Satisfaction of Judgment with the County Clerk, or provide it to the Debtor so that the Debtor may file it with the County Clerk. The Satisfaction of Judgment must also be filed with the City Court. A Satisfaction of Judgment form can be purchased from any stationary store.

https://www.nycourts.gov/courts/6jd/tompkins/ithaca/webpageJudgement.shtml#satisfactionofjudgement

  • Like 1
Link to comment
Share on other sites

Wow, first of all, GOOD FOR YOU!

As for meeting the attorney and signing documents, I would think that anything you are required to sign in order to get your money would have been with the courts?  I don't blame you for being nervous about meeting with the attorney and signing anything, after all, this is the same person who fought to keep the money from you.

  • Like 1
Link to comment
Share on other sites

@   CCRP626: Thanks.  Gave me an idea!

 

@ myscoresawful: Thanks.  I'm not nervous about meeting the attorney at all.  I"ve argued with them in court before, so i'm ok with that.  I just don't like the idea of saying "we'll give you the check, but you have to sign this at my office."  In reality I feel no obligation to sign anything and i dont' want to.  I just wanted a "nice" way of saying "you need to pay me or im going to the judge.......and by the way the judgment is collecting interest until you pay me"

 

although i have litigated pretty well, I have little experience with the situation that i am in.  i don't want to be held hostage

Thanks all.   much appreciated

Link to comment
Share on other sites

whats up BV80!

I think that's where the issue lies... I don't want to sign ANYTHING until the check clears.  And the only thing i am prepared to sign, is a Satisfaction of Judgment which i will prepare on my own and when i am ready.

The more i think about it, the more it irritates me that i have to jump through hoops........and I'm the judgment creditor.

Link to comment
Share on other sites

I am sure that one of the things they want signed is a NDA. Non disclosure agreement.

 

we have a settlement agreement which is public.  It was made public so that the court would have jurisdiction to enforce the agreement in case the defendant breached the agreement,  which he did.

 

Other than that i don't know what the attorney would want the NDA for. 

Link to comment
Share on other sites

@jackson212

 

I had an FDCPA settlement with a JDB.   Before I could receive my settlement check, I had to sign the settlement papers.  I was represented by an attorney, and he did not indicate that it was anything unusual. 

 

Stop and think about it.  In settling a debt with an OC, CA, or JDB, would you send a check before receiving a signed letter from them saying that the debt is settled when they receive payment?  No.   You'd want that signed agreement before you sent them a penny because without that signed agreement, they could sue you for the remainder and win because you'd have no proof that the amount you settled the debt. 

 

You possibly could talk them into letting you cash the check without your signing the papers, but if it were me, I wouldn't give anyone a check for that amount without a signed agreement containing terms agreed to by both parties that shows that upon payment the transaction or settlement between the parties has been completed.

 

It would, however, be a good idea to have an attorney read the agreement just to make sure it's fair or proper.   You could also ask an attorney if it's proper for you to sign an agreement before receiving payment.

  • Like 4
Link to comment
Share on other sites

I'm relatively new to all this but wanted to offer a thought... perhaps someone else could speak to it with more certainty. EDIT: I believe I'm echoing BV80 on this, but I could be wrong.

So long as somewhere in writing it is stipulated that if payment doesn't clear that the satisfaction is void... would that not cover you?

I'm not certain that using "fail safe" language like that is appropriate or would hold - but it makes decent sense. Same with other actions they are required to take in the agreement if you would specify them that way... no?

If x, y, and z do not happen by such and such date, no deal.

  • Like 1
Link to comment
Share on other sites

You could always to the attorney's office and ask for the papers to review without accepting the check. If they demand that you sign them then and there without reading them, you know something is up.

Remember, you have a judgement, you can use other collection avenues if the attorney is giving you a hard time.

  • Like 1
Link to comment
Share on other sites

i have the document that he wanted me to sign.  Basically, its a declaration, by me, stating that I have been paid and that I consent to the Defendant's request to relieve him of the consent judgment and to lift the judgment.   To me it sounds like a hidden motion to vacate the judgment.  I do not want the judgment vacated.  I am willing to file a Satisfaction of Judgment, but I will not take part in vacating the judgment.  Let him feel the wrath of the judgment for 10 years.

 

The check has been cut, i saw it, its just not in my hands.  But it will be.... @WhoCares1000

 

Whats up WhoCares i think i remember you from when i first joined.  good point, i already have writs that are about to be executed, and a motion for garnishment that (i assume) is about to be granted.

Link to comment
Share on other sites

Lasly, can someone help me calculate judgment interest?

lets say $20,000 and judgment was entered March 26.

 

 

interest shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding. [FN1] the date of the judgment.

 

 

Interest shall be computed daily to the date of payment

 

 

-- I'm finding an interest rate of .25 (The 1 year constant maturity treasury yield for the week of march 20, 2015)

 

--  Amount is $20,000

-- I calculate 26 days since March 26, 2015 to April 2015.

 

--  My calculation yields a daily interest rate of $1.39, multiplied by 26 days, for a total of $36.14 in interest due.

 

Is this about right with regard to interest?  Anyone know anything about this?  Am i way off with my calculations?

 

Link to comment
Share on other sites

@jackson212 just curious/for future reference, were the attorney's papers what you thought they were- a vacate judgment to allow it to be removed from the credit report? Did you have to sign them to get the check?

 

Yes and No.  The paper I signed was a declaration, by me, telling the judge that the judgment has been satisfied AND also me consenting to Defendant's motion to vacate the judgment pursuant to Rule 60-b-5 .........."On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:  -b-(5) the judgment has been satisfied..."

 

The motion to vacate was a separate document, which they were going to file regardless.   So the attorney basically wanted to file both documents.  (I don't know whether they were going to use it to pull credit and remove the judgment from his credit, or just to vacate the judgment)

 

After talking to a close friend, he said I should treat this as business, and not take it personal.  In other words, I was advised to take my check, and consent to what they want for the sake of moving on quickly and without further conflict.  Lastly, I was advised not to try and "stick it to them" by opposing their motion to vacate, which I was very prepared to fight. 

 

I am unsure whether he even knows how to remove the judgment from credit report, but I don't care, not my problem, I decided that I just want to get paid and move on along.

 

But at the end of the day, I have my check.  And I am happy to consent to the motion to vacate,  and hopefully I have not picked up any negative karma along the way.  (My friend made a biblical reference, and I wasn't going to argue with that.)

 

 

In the meantime, I will be happy to post sample documents that I used during post judgment (writ of execution, etc) so that it may help someone in the future.

 

As always, thanks for all the backup help.  I needed help and you guys were all over it with awesome ideas.

  • Like 2
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.