release of judgement

[darwindoggie]

What is the name of your state? Texas
I successfully sued a man in small claims court for payment of contract services I provided. The judge awarded me the full amount, but later I gave him an $800.00 break on the amount he owed. He paid the reduced amount and has asked that I provide a "release of judgement" to him. I told him the cost of the notary was $6.00 and my time was billed at $40.00 per hour for the release and that I'd send it upon receipt of the $46.00. He refused to pay the fee of $46.00 and filed a claim against me in small claims court for the release of judgement.
Am I within my rights to charge for the release of judgement? Can I charge for the notary AND for my time, neither of them or both? Should I send the release or is this amount collectible. What about the $800.00?
Thanks AMS

 

[seniorjudge]

Am I within my rights to charge for the release of judgement?
Probably not; he paid the judgment and, included in his payment, is the right to have it satisfied. I could not find a Texas statute that answered this; call your state bar and ask them for a booklet on small claims or look on their website.

Can I charge for the notary AND for my time, neither of them or both?
Neither. BTW, I can't believe a notary costs $6!?

Should I send the release or is this amount collectible.
You should send him the release; you are obligated to provide the release once it is paid off.

What about the $800.00?
You said you waived that part of the judgment, so you should send him a full satisfaction.

Most small claims judgments are never collected. You are very fortunate.

 

[racer72]

I have never charged for my notary services and have never been charged by others. And just like the time a person takes to file a lawsuit is not recoverable, so goes the filing of the satisfaction of judgment, unless that is your primary occupation.