Satisfaction of judgement not filed

[sheriffe9]

What is the name of your state: Ohio
I was involved in a lawsuit in which I was the defendant. The plantiff was awarded a judgment and garnished my wages. After having my wages garnished for about a year, my employer stopped the garnishment because I had paid the judgment. Knowing this was not the case due to accumulated interest, I contacted the attorney for the plaintiff to see how much I still owed in interest. I sent them an ACH payment for the remainder of the judgment, which they agreed was all I owed. This was a month and a half ago. I contacted the attorney 2 weeks ago to ascertain why they did not file a satisfaction of judgment, they said they filed it last week, which they did not. The plaintiffs attorney also filed for a judgment lien, which needs to be removed but can't because they failed to file the satisfaction of judgment.

Exactly what could I do to get them to file this form, I have contacted them twice.

 

[nrknlknek]

You should not be contacting the Plaintiff's attorney. YOUR attorney should contact them. There is a specific process for compelling satisfaction of judgment. That process is best managed by a competent attorney. Depending on what and how you communicated to the Plaintiff's lawyers, you may have damaged your position.

 

[sheriffe9]

Well, who should I be contacting then? Most people on this forum don't have an attorney, which is why they are on this forum to begin with, so your response about contacting MY attorney was a little out of line. How could contacting them damage my case? Bottom line is I owe them nothing and they aren't filing the paperwork they are required by law to file. Calling them and asking them for the paperwork they promised me isn't going to change the fact that that the judgment has been satisfied.

Lastly, they called me to collect on the balance of the account, they promised to send me paperwork that the judgment was satisfied and they failed to do so. I called to inquire on the balance and find out why the paperwork hasn't filed.

 

[nrknlknek]

The purpose of this forum is to help people by getting them pointed in the right direction. Civil procedure is tricky and it is unwise for someone not trained to attempt to practice it even though it is their constitutional right to do so. In your case, the best advice anyone can give you is to retain counsel which, if the facts you report are accurate, should not be terribly expensive. That said. non-lawyers attempting to negotiate with lawyers in an adversary situation normally is not a good look.

 

[Rexlan]

I think I would send a certified letter to the other party and state your case. Be sure to mention that you have called twice and been lied to once. Conclude the letter with a demand that they files the satisfaction within ten working days or you will consider their failure to do so as a refusal.

On day 11 you can motion the court for a hearing on the same case or, better since you are pro se, you can send a simple 2 paragraph letter to the judge stating that you have satisfied the judgment and that the other party refuses to file a Satisfaction of Judgment to clear your credit. Give the letter to the clerk or to the Judges secretary. Be sure to send a copy of the motion or letter to the other party and I think you will get some results.