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Creditor will not take the payment

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NGM

Junior Member
What is the name of your state? Pennsylvania (Montgomery County)

A few years ago I was sued in small claims court and was ordered to pay $200.00. I immediately sent a check to the plaintiff and he never cashed it. Through the course of that year I sent three letters, with checks, to the plaintiff to find out why he wont cash the checks. I never heard from him again. A couple of years go by and I find out that I have a judgement against me on my credit report. I have no problem paying this guy and I want to clear my credit report. Are there any public or private services to handle this matter, by making this guy take my money? I contacted the courthouse via e-mail and was told that I cannot go through the court to pay because it is not a lien against my driver's license number. I have no idea what they mean by that. Does the court have a service to settle money judgements? Any help would be greatly appreciated.
 


JETX

Senior Member
NGM said:
Are there any public or private services to handle this matter, by making this guy take my money?
No.

I contacted the courthouse via e-mail and was told that I cannot go through the court to pay because it is not a lien against my driver's license number.
That is crap. What does the issue of a lien on your license have to do with anything.
Contact the court, give them the case number and tell them the judgment creditor is either not available, or unable to accept payment and that you want to pay the judgment. Of course, you will have to pay them TODAYS value (original judgment plus interest). Then send them payment (keep a copy) and ask that they issue a 'Satisfaction of Judgment'. Once you have the SOJ..... send a copy to the credit agency and ask them to correct their records.
 

NGM

Junior Member
I thought they were wrong about the driver's license part, too

Montgomery County, Pennsylvania

Here is the exact response I got from the courthouse:
"The only way to pay into court is if it involves an unsatisfied lien against
your driver's license." I don't know what they are talking about.

I probably have to go down there and talk to the clerk. In regards to this courthouse, I have been dealing with e-mail and automated phone recordings. It is getting me nowhere.

Suppose I were to send a money order via certified mail to the plaintiff. Could I use the certified mail receipt and money order receipt as proof of payment? Or, is the plaintiff the only person who could do an order to satisfy?

Thank you again.
 

seniorjudge

Senior Member
NGM said:
Montgomery County, Pennsylvania

Here is the exact response I got from the courthouse:
"The only way to pay into court is if it involves an unsatisfied lien against
your driver's license." I don't know what they are talking about.

I probably have to go down there and talk to the clerk. In regards to this courthouse, I have been dealing with e-mail and automated phone recordings. It is getting me nowhere.

Suppose I were to send a money order via certified mail to the plaintiff. Could I use the certified mail receipt and money order receipt as proof of payment? Or, is the plaintiff the only person who could do an order to satisfy?

Thank you again.

It is unlikely that the court will take your money. They are not in the collections business.

Q: Could I use the certified mail receipt and money order receipt as proof of payment?

A: A certified mail receipt and a money order receipt is proof of only one thing: that you have a certified mail receipt and a money order receipt.


Q: Or, is the plaintiff the only person who could do an order to satisfy?

A: Yes.


I am NOT a debtor-creditor attorney; but I have heard tell of noting disputes on your credit report. Contact the three credit reporting agencies and ask how this is done.
 

JETX

Senior Member
seniorjudge said:
It is unlikely that the court will take your money. They are not in the collections business.
Wrong. It is very common.... especially when the debtor can show that there are problems with the judgment creditor. I have done it numerous times in numerous courts.

Q: Could I use the certified mail receipt and money order receipt as proof of payment?

A: A certified mail receipt and a money order receipt is proof of only one thing: that you have a certified mail receipt and a money order receipt.
The correct answer is... yes. You can present your proof of delivery and proof of money order in the creditors name and the court will either order the creditor to provide a satisfaction of judgment... or will issue one for you.

Q: Or, is the plaintiff the only person who could do an order to satisfy?
A: Yes
Wrong again. I have had numerous courts issue a 'Satisfaction of Judgment' when payment can be proven.

From PA 'Minor Court Rules'
Rule 341. Request for Entry of Satisfaction; Service; Entry of Satisfaction
A. A judgment debtor who has paid in full, settled, or otherwise complied with a judgment rendered in a district justice court, or anyone interested in the judgment, may request the entry of satisfaction of the judgment by filing a written request, on a form which shall be prescribed by the state court administrator, in the office of the district justice who rendered the judgment.

B. The request for entry of satisfaction must be served upon the judgment creditor in accordance with the rules in the 300 Series regarding service of the complaint.

C. The judgment creditor shall, within 90 days from the date of service of the request for entry of satisfaction, enter satisfaction, on a form which shall be prescribed by the state court administrator, in the office of the district justice in which the request for entry of satisfaction was filed.


Also
Rule 342. Failure of Judgment Creditor to Enter Satisfaction; Supplementary Action.
A. If the judgment creditor does not enter satisfaction within the 90 day period after proper service of the request as specified in Rule 341(C), the judgment debtor may commence a supplementary action for damages by filing a civil complaint in the office of the district justice in which the request for entry of satisfaction was filed.

B. Upon the filing of a complaint as provided in subdivision A, the action should proceed as a civil action in accordance with the rules of the 300 Series.


http://www.pabulletin.com/secure/data/vol31/31-10/393.html
 

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