settlement check

[fivehua]

What is the name of your state? TX

I will be sending a cashiers check to a Bank to settle a credit card debt. The banks attorney said the bank agreed to settle for a specific amount.

Is there something I should write on the cashiers check that will ensure that by accepting this check, They will accept the amount as payment in full for the debt, and no further collection action will be taken against it.

These people do seem like they are honest, I just want to cover all bases.

[JETX]

Originally Posted by fivehua

Is there something I should write on the cashiers check that will ensure that by accepting this check, They will accept the amount as payment in full for the debt, and no further collection action will be taken against it.

There is nothing you can write on the check that will waive their right to further pursue the debt. You need to make sure that you get that 'paid in full' letter signed by the creditor (bank) at the same time you hand over the check.

[fivehua]

I have a paid in full letter from the banks attorneys. I cant seem to get the county to remove the judgment. County clerk will not accept the letter from the attorney. What do I need to do to get the judgment off of my public record?

[Chien]

Probably unintentional, but you’re making this a bit confusing. When JETX correctly answered the question posted in January, you said “settle a debt” not “settle a judgment”. It created the reasonable inference that there was no judgment yet.

Now it stays confused, because at least I can’t tell if you’re trying to clear a record existing with the court or a judgment record filed with the county.

The easiest thing to do with the court is to check your statutes and find out if the judgment creditor is required by statute to file a Satisfaction/Release of Judgment or whatever it may be called in TX, when a judgment is paid. A court clerk would probably tell you this without you doing the research. If this is required, send a copy of the statute and another request letter to the attorney. If there’s a statute, there’s commonly a monetary penalty for ignoring it.

If that doesn’t work, you’ll have to file a motion with the court and ask that it enter an Order that its own judgment is satisfied. It’s simple. Present a copy of the payment instrument and the attorney’s letter.

Get a copy of the court Order and present it to the county to lift record of a judgment recorded there.

[Texas Pooh]

You can not remove the judgment from the public records (or your credit report, for that matter) until the appropriate time limit runs, even if you pay it off.

You can, however, have a Satisfaction of Judgment entered in the public records; anyone settling a debt where there is an outstanding judgment should have the creditor sign one before handing over that check. Send the form (the county clerks have one) to the creditor and ask nicely for it to be signed.

The problem is that most courts will not voluntarily sign or enter a Satisfaction of judgment - the court loses power over the case 30 days after the judgment is signed and can't enter any orders after that date. Thus, you'd have to bring some kind of new proceeding (which means filing fees, etc). against the creditor to ask the court to enter the satisfaction.