• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

lawyer messed up

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

RANDYBC7

Guest
I received a summons from a PA district court for money that was owed on a loan. I called the lawyer representing the loan company and told them I wanted to pay the amount due. He said to send a check and include the $70 court filing costs. I told him I would send it priority mail. I asked if I needed to do anything concerning the court date and he said he would take care of it.

After the scheduled court date, I received a notice that judgement was made against me by default for not showing up for the court date. I called the lawyer and asked why he didn't cancel the court date. He said because I sent a personal check and it hadn't cleared yet. I explained that the check cleared my bank one week before the court date. He said HIS bank did not notify him that it cleared. He told me that had I sent a certified check, this wouldn't be a problem (but he never told me to send that form of payment). He said after he receives notice that the check cleared, he will show the judgement was settled.

This does not seem correct because I paid the total amount due prior to this even becomming a judgement. What can I do?
 


JETX

Senior Member
Assuming the check has cleared and the judgment was paid, ask the lawyer to complete and file a copy of "Satisfaction of Judgment" with the court and to send you a copy.

This will close the file.
 
R

RANDYBC7

Guest
but...

But I am looking at this as being paid before it became a judgement. A judgement on my credit record will be much worse. Should this have even been a true judgement against me since the amount owed was paid in full before the hearing date?
 
M

MSWCCC

Guest
Appeal there being a judgement. You should have your bank statement showing it cleared before. And sometimes cashier's checks must clear as well, as do money orders at times. A little known fact. My bank won't clear immediately either if over $450.
 

stephenk

Senior Member
A paid judgment is not always looked upon as a bad thing on your credit report. It shows that you pay your debts.

An unpaid judgment is BAD on a credit report.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top