Satisfaction Of Judgement / Attorney Rip off

[robtur]

What is the name of your state? Colorado.

I never received the original Acknowledgement of Satisfaction of Judgement to befiled with the county court in Denver. I phoned the plantiff's attorney a few months later, and he said he'd mailed it already, and wanted $200 for him to mail another original to me. I asked if he had a registered receipt of certified mail receipt, and he said no. He went on to tell me that since he did not receive it back in the mail he had to assume that I received it and lost it. What can I do to avoid paying $200 for a form I didn't receive in the first place?What is the name of your state?

[Chien]

OP – I think that the options available to you may depend on the reason for your need for the Satisfaction and, specifically, whether it’s needed to clear a lien on real property. CO is not my state, but I reviewed your state Rules of Civil Procedure, Rules of Civil Procedure for County Courts and Small Claims Rules. The state Rules and Rules for County Courts seem to be in accord; the judgment creditor or creditor’s attorney must file Acknowledgement of Satisfaction with the court and clear any real property lien. The Small Claims Rules appear to allow for either filing Acknowledgement with the court or sending it to you to file. The last seems an odd procedure, and I may be wrong, but I haven’t found the contradiction.

If your concern is with a matter that falls under State or County Rules, I would not think that you had to clear any lien, but you say that you need to file it. Fair enough. Rule 358(b), your County Rule reads as follows:

Rule 358. Entry and Satisfaction of Judgment
(b) Satisfaction. Satisfaction in whole or in part of a money judgment may be entered in the judgment record (Rule 379(c)) upon an execution returned satisfied in whole or in part, or upon the filing of a satisfaction with the clerk, signed by the judgment creditor's attorney of record unless a revocation of that authority be previously filed, or by the signing of such satisfaction, by the judgment creditor, attested by the clerk or notary public, or by the signing of the judgment record (Rule 379(c)) by one herein authorized to execute satisfaction. Whenever a judgment shall be so satisfied in fact otherwise than upon execution, it shall be the duty of the judgment creditor or the judgment creditor's attorney to give such satisfaction, and upon motion the court may compel it or may order the entry of such satisfaction to be made without it. With respect to judgments entered on or after July 1, 1981 the clerk shall, after six years from the entry of final judgment, satisfy the judgment and shall enter a full satisfaction in the judgment record (Rule 379(c)) unless the judgment is revived pursuant to Rule 354(h).
Rule 58(b), the State Rule, reads the same but omits the last sentence. Under both Rules, you will note that you can file a motion to compel filing of the Acknowledgement or ask for a court order to a similar effect.

Here is a supporting citation:
Court has authority to order satisfaction apart from acknowledgment. A court has the authority to order a satisfaction of judgment even though there had not been an acknowledgment by the judgment creditor and without the filing of a motion by the debtor to compel such an acknowledgment. Osborn Hdwe. Co. v. Colo. Corp., 32 Colo. App. 254, 510 P.2d 461 (1973).

If your objective is to clear a property lien and such liens are filed with the court in CO., would it not be possible to obtain a certified copy of the Acknowledgment that the creditor filed with the court, and present it to the other court? Because of uncertainty about your objectives, I’ve tried to cover all contingencies.