Release of judgment

[karla123]

What is the name of your state (only U.S. law)? Washington.
My ex-wife was given a judgment against me as part of our decree, it has been two months since it was entered. I called her attorney's office two weeks ago (i'm pro se), asked them for a balance, then a week later, had a certified check made out, and was preparing to deliver it. The following day, I was served with a writ of garnishment of my bank account. This is no big deal as far as the account goes, because there was less than $100 in it at the time. I called her attorney, explaining, again, that I had a check, ready to deliver. Now, her attorney is bickering with me as to some fees that they supposedly incurred in trying to collect the debt. They claim that I now owe another $200 for the garnishment process. A judge has not signed an order of writ garnishment. My feeling is that her attorney is simply trying to get a bit of extra cash.
So, I have this check made out for what I owed before the writ was served on me. I really don't want to hassle with this anymore, I don't want to pay extra, and I don't want to give up the check unless they cease trying to collect anymore garnishment or attorney fees. Having them sign a release of writ of garnishment would be useless since they already took all of the money out of that particular bank account. Is there some sort of release or vacation of judgment that I could ask them to sign to make sure they don't try and come after me for more fees? I just want to be rid of this, but I refuse to pay their extra expenses! Help?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Washington.
My ex-wife was given a judgment against me as part of our decree, it has been two months since it was entered. I called her attorney's office two weeks ago (i'm pro se), asked them for a balance, then a week later, had a certified check made out, and was preparing to deliver it. The following day, I was served with a writ of garnishment of my bank account. This is no big deal as far as the account goes, because there was less than $100 in it at the time. I called her attorney, explaining, again, that I had a check, ready to deliver. Now, her attorney is bickering with me as to some fees that they supposedly incurred in trying to collect the debt. They claim that I now owe another $200 for the garnishment process. A judge has not signed an order of writ garnishment. My feeling is that her attorney is simply trying to get a bit of extra cash.
So, I have this check made out for what I owed before the writ was served on me. I really don't want to hassle with this anymore, I don't want to pay extra, and I don't want to give up the check unless they cease trying to collect anymore garnishment or attorney fees. Having them sign a release of writ of garnishment would be useless since they already took all of the money out of that particular bank account. Is there some sort of release or vacation of judgment that I could ask them to sign to make sure they don't try and come after me for more fees? I just want to be rid of this, but I refuse to pay their extra expenses! Help?

Check the original court order. Does it say anything about costs of collection? It likely says that they have the right to do it.

You should have given them the check immediately after you got the balance. They're looking at 2 weeks with no payment on your part.

You need to talk with their accounting department and ask them to agree that you will bring the payment in and they will give you a release stating that you have paid all amounts owed. That will stop them from coming after you for more.

 

[karla123]

Thank you for the reply. Yes, it does have something about collection costs in the judgment, just standard language I suppose. I'm still confused as to what to do to end this. Online, I found a 'Satisfaction of Judgment' form that she could sign in front of a notary that might effectively cut me loose. Or would it be good enough for me to simply write in the memo of the check, 'Judgment paid in full'? I had heard at one time that a check is a form of a contract. So if she cashes it, she's legally bound by the terms. That may be an urban legend though.
Any more insight you could share?
Thanks again for your help.

 

[mistoffolees]

Thank you for the reply. Yes, it does have something about collection costs in the judgment, just standard language I suppose. I'm still confused as to what to do to end this. Online, I found a 'Satisfaction of Judgment' form that she could sign in front of a notary that might effectively cut me loose. Or would it be good enough for me to simply write in the memo of the check, 'Judgment paid in full'? I had heard at one time that a check is a form of a contract. So if she cashes it, she's legally bound by the terms. That may be an urban legend though.
Any more insight you could share?
Thanks again for your help.

You can't sign anything in front of a notary for satisfaction of judgment - only the creditor can do that.

Frankly, you only have 2 choices:
1. Pay the full amount AND the fees.
2. Ask the lawyer to take the payment amount and drop (or reduce) the fees. They don't have to, but they might. Otherwise, do item #1.