Satisfaction of Judgment

[bunny18]

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

I was a defendant in a small claims suit and was not represented by an attorney, but the Plaintiff had an attorney. The judge ruled in favor of the Plaintiff, although the statutes and the case law were on my side; but i learned that you need an attorney to represent you if the other party has one or you don't have a chance. The Plaintiff's attorney demanded payment or else..... so I agreed to his demand by sending the attorney a check payable to the attorney and the plaintiff per the attorney's instructions. I attached a letter that the check was sent on the condition that the attorney prepare and file the satisfaction of judgement. The check was cashed over 2 months ago but no satisfaction of judgment. I have written the attorney letters and have telephone him; no response. I had an attorney at the FL bar call him and he said he needed the client to sign the satisfaction and was unable to get him to do that. Can't the Plaintiff's attorney sign the satisfaction? What can I do; this is damaging my credit?

 

[BL]

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

I was a defendant in a small claims suit and was not represented by an attorney, but the Plaintiff had an attorney. The judge ruled in favor of the Plaintiff, although the statutes and the case law were on my side; but i learned that you need an attorney to represent you if the other party has one or you don't have a chance. The Plaintiff's attorney demanded payment or else..... so I agreed to his demand by sending the attorney a check payable to the attorney and the plaintiff per the attorney's instructions. I attached a letter that the check was sent on the condition that the attorney prepare and file the satisfaction of judgement. The check was cashed over 2 months ago but no satisfaction of judgment. I have written the attorney letters and have telephone him; no response. I had an attorney at the FL bar call him and he said he needed the client to sign the satisfaction and was unable to get him to do that. Can't the Plaintiff's attorney sign the satisfaction? What can I do; this is damaging my credit?

Call the place that the satisfaction would be filed at , and ask if there's an alternative way it could be filed by you , in absence of the plaintiff signing it because according to his lawyer , he can't be found .

Also ask if there's a penalty for not filing it timely .

 

[dcatz]

The state-wide Satisfaction of Judgment form for Florida provides for execution by the owner/holder of the judgment OR his/her/its attorney of record.

If the attorney won’t sign and file, you can bring a motion before the Court and, upon proof of satisfaction (your canceled check), get an Order that the judgment be shown as satisfied. You can recover the costs and fees for the necessity of bringing the motion, but make an advance written demand on the attorney and send it CRRR.

 

[bunny18]

Thanks for your help. Is there a form for this motion; if so where can I get such a form? Do I need to request my costs be reimbursed in the motion? Who would be responsible to pay the costs; the attorney or his client? The client does not have the money to pay. Another thought, can I report the attorney to the florida bar for his failure to file the satisfaction? Thanks again.

 

[dcatz]

If you need a copy of the Acknowledgment of Satisfaction, you should be able to get one at your local courthouse.

The form of acknowledgment is taken from §695.25(1) Florida Statutes and must be modified if it is for other than for a natural person. A satisfaction can be executed, acknowledged and filed by the attorney of record for the holder, but only if payment is made in full.
See Garner v I.E. Schilling Co., 128 Fla. 353, 174 So. 837 (1937).

While the motion should be simple, that’s relative; it may not be simple for you when you’ve never done it before. There probably isn’t a form or a template. Motions have to be customized to some extent to explain your specific facts for the Court. The Clerk of the Court may be able to show you a sample that was already filed.

Your costs and fees will be minimal and, if awarded, you still have to collect. Before making this your life’s quest, try sending a letter to the attorney. If you wish, include a copy of the complaint that you’ll send to the Bar. In truth, the Bar will probably do nothing, because you have recourse to the Court for redress, but complaints to the Bar make for paperwork that makes for headaches.