Satisfaction of judgement

The question I have is in reference to a settlement agreement my husband signed to clear a judgement. This was a large judgement in the amount of $68,000. and the settlement was for his share of 2 houses and $30,000. He met all his obligations under the settlement agreement and the other party(mother) is not giving him the proper Satisfaction Piece to clear the judgement in NY. It was subsequently listed in Fla.(her home state) and so she issued a Fla. satisfaction piece which is unacceptable to NY. This judgement was settled 4 months ago and we seem to have little recourse against her. Can we sue for Breach of Contract or what is our recourse? She was to supply us with a Satisfaciton clearing the NY judgement (Fla. was not even listed in the agreement). Yes, we have an attorney in Fla. who has been of little use in this and told us to get a NY attorney to handle it. But if she won't cooperate.... She also has a NY attorney but we feel that she doesn't want to have to pay for this Satisfaction Piece. Thanks for any advice! NY also has a fine for not supplying a Satisfaction Piece within 20 days of the Judgement being paid.

I am a little confused.... was this two lawsuits (one in FL and one in NY) or one that was domesticated to the other state??

If one lawsuit, you should be able to close both judgments with the "Satisfaction of Judgment" issued in the original judgment. Just file a copy with the 2nd court and, by reference, it should close that one.

If two separate lawsuits, then you will need to get "Satisfactions" from both. I would suggest that you write the creditor a letter, Certified RRR. Detail your resolution and ask that a "Satisfaction of Judgment" be sent to you for each judgment rendered. If they still fail to send it, contact each court and ask what is needed for the judge to issue a bench "Satisfaction". It is possible that you will have to initiate a "Motion for Enforcement to Compel Execution of Satisfaction of Judgment".

Thanks for the info. The Original judgement was issued in NY and was then recorded as a foreign judgement in Fla( he owened property there) . The creditor issued a satisfaction in Fla but it is not the proper from acceptable to NY state and the creditor apparantly doesn't want to pay to have a Satisfaction issued in NY. I'll see what we can do with the things you suggested. Thanks again!

There is nothing wrong with you providing a "Satisfaction of Judgment" form to the creditor for his signature and then filing it yourself in the New York court.

In fact, a sample of the NY form can be found at:
http://www.nysd.uscourts.gov/forms/satjudg.pdf
http://www.nysd.uscourts.gov/forms/satjudg.wpd

Just type up the form (make sure you change the notary to Florida, etc.) and send it to the creditor. Ask him to sign it, have it notarized and return to you. When received, you should be able to file it with the original court (keep a copy for your records).