Defendants' Lawyer holding the payment

[12legalhelp]

What is the name of your state (only U.S. law)? GA

Hello,

I was rear-ended a few months ago and the insurance company lowballed me on the car valuation.

I filed a small claims court case and the defendants' attorney (provided by the insurance company) showed up for trial. I got a judgment for car valuation + court fees + interest rate @ 6.25 % per annum.

It has been a week since the judgment and the attorney just sent me a letter to sign a "Satisfaction Of Judgment" and mail it to her. She says that the check will not be mailed to me until she receives the signed "Satisfaction Of Judgment".

Later on, she stated that a colleague might exchange it with me in the local court house, but, her email implies that I will not be paid any interest for this delay.

Is that acceptable? Isn't payment considered to be made when I receive the check or when it is mailed to me?

If she does not give me the interest, Can I just file a statement with the judge detailing what more I am owed? When I give my car title to her in the courthouse, how can I get proof that the other person has taken the title from me?

I understand that the interest amount does not amount to much, but, I have been jerked around by this insurance company and want them to pay me what is rightfully owed.

Any thoughts, please?


Thanks

HelpMe


[Email conversation with attorney](http://codepad.org/w6YYY3ax)

[Another email](http://codepad.org/vkpEPrBD)

 

[lukeroberts]

Maybe the lawyers here can chime in but, why would you sign a satisfaction of judgment form BEFORE receiving the money?

 

[OHRoadwarrior]

Wow, a week!!! You might lose 20 cents in interest!!!

 

[lukeroberts]

Agreed that the interest is trivial, but I see the OPs point; they appear to be jerking him around. How do these transfers typically happen? In this case the attorney is basically saying either you need to drive to my out of county offices to get the check OR wait until an undetermined time when they can "graciously" do you a favor and satisfy the judgement at the courthouse where the judgement occurred.

 

[OHRoadwarrior]

Agreed that the interest is trivial, but I see the OPs point; they appear to be jerking him around. How do these transfers typically happen? In this case the attorney is basically saying either you need to drive to my out of county offices to get the check OR wait until an undetermined time when they can "graciously" do you a favor and satisfy the judgement at the courthouse where the judgement occurred.

Usually, a wise person drives over to the lawyers office and picks up the check. It is the least complicated method. You are dealing with an adversarial relationship, the lawyer wants to make sure they have a release signed.

 

[12legalhelp]

Wow, a week!!! You might lose 20 cents in interest!!!

The interest rate comes upto around $30/-. still trivial to a lot of people, but fills my gas tank for a week.

Again, I just want the procedure to be followed instead of being messed around.

 

[12legalhelp]

I have to file the "Satisfaction Of Judgment" with the County Clerk anyway if they pay the full amount. So, I prefer going to the County Courthouse and getting it over with.

I do not feel comfortable going to the Attorneys' office as I do not know what more I would be asked to sign. After all the driving, I might just sign something that I was not prepared to do to get things over with. And, I would have to take time off from work to do so. I have already spent enough time preparing and getting a fair valuation while they have been messing me around with ridiculous valuations to begin with.

At the County Courthouse, the County clerk is impartial and I can file/notarize the signatures with her.

1. When is "payment" considered "made"? When I encash the check or when I receive the check? I know for the purposes of mailing, interest is calculated until the postmarked date.

2. Should I sign the "Satisfaction of Judgment" on receipt of the check or after the check is encashed?

3. Can I take a "Signed Receipt" (notarized by the County Clerk) as proof when I hand my title to them?

4. On receipt of the check, Can I provide a "Signed Receipt" (notarized by the County Clerk) for the check (instead of the "Satisfaction Of Judgment", wait until the check is cashed)?

What is the legal way to deal with this kind of transfers or exchanges?

Thanks a lot
HelpMe

 

[OHRoadwarrior]

The lawyer is not going to write a bad check.

 

[12legalhelp]

The lawyer is not going to write a bad check.

Ok, thanks a lot. Just wanted to make sure that it would not happen.

Thanks again for taking the time to put in your thoughts. They are helpful.

 

[12legalhelp]

Agreed that the interest is trivial, but I see the OPs point; they appear to be jerking him around. How do these transfers typically happen? In this case the attorney is basically saying either you need to drive to my out of county offices to get the check OR wait until an undetermined time when they can "graciously" do you a favor and satisfy the judgement at the courthouse where the judgement occurred.

Thanks a lot for understanding and your thoughts. You have no idea how supportive your words are.

 

[Mass_Shyster]

If you are in no hurry to get the money, mail the document back to the lawyer with a note that states you cannot sign a satisfaction of judgment since the judgment has not been satisified, and wait for a response.

If you are in a hurry, drive over to the lawyer's office and exchange the signed satisfaction of judgment for the check (and sign nothing else)

 

[12legalhelp]

If you are in no hurry to get the money, mail the document back to the lawyer with a note that states you cannot sign a satisfaction of judgment since the judgment has not been satisified, and wait for a response.

If you are in a hurry, drive over to the lawyer's office and exchange the signed satisfaction of judgment for the check (and sign nothing else)

I am in no hurry. Thanks for the advice.

 

[BL]

I wouldn't send the letter back to the Lawyer with a note .

I'd send a copy.

In a note ,I would state that the check is to include the interest and you do know the process of filing a satisfaction of Judgment once the Judgment is paid in FULL.

Advise the attorney that unless you receive the Judgment in full, within 3 business days after the receipt of your response ,you will have no choice but to file a complaint with the agency that oversees attorney misconduct to file a complaint about ethics .

 

[Mass_Shyster]

I wouldn't send the letter back to the Lawyer with a note .

I'd send a copy.

Yup. that's what I should have written.

In a note ,I would state that the check is to include the interest and you do know the process of filing a satisfaction of Judgment once the Judgment is paid in FULL.

Advise the attorney that unless you receive the Judgment in full, within 3 business days after the receipt of your response ,you will have no choice but to file a complaint with the agency that oversees attorney misconduct to file a complaint about ethics .[/QUOTE]

I don't know that I'd give them any warning, since OP is in no particular hurry, but it's still a good idea.

 

[BL]

Yup. that's what I should have written.

In a note ,I would state that the check is to include the interest and you do know the process of filing a satisfaction of Judgment once the Judgment is paid in FULL.

Advise the attorney that unless you receive the Judgment in full, within 3 business days after the receipt of your response ,you will have no choice but to file a complaint with the agency that oversees attorney misconduct to file a complaint about ethics .

I don't know that I'd give them any warning, since OP is in no particular hurry, but it's still a good idea.

I think including that would get their attention pretty quickly and let the Attorney know he/she/they are not going to get one over on anyone.