motion for new trial

[happy307]

got the check

Believe it or not I just got a check in the mail today, (cert. mail) Included with the check was a really cynical letter. I thought this should have been paid through the clerk of court? What should I do with the check? In the letter they said to file a satisfaction of judgment, is this really my responsibility? What should I do?

Thank you - happy307

 

[JETX]

Believe it or not I just got a check in the mail today, (cert. mail)

Congratulations!!

Included with the check was a really cynical letter.

Ignore the tone of the letter. Allow them to piss and moan.... as long as the check is good!!

I thought this should have been paid through the clerk of court?

Not necessarily. You got the check, accept it.

What should I do with the check?

Take it to the issuing bank and cash it. Or of course you can endorse the back and send it to me.

In the letter they said to file a satisfaction of judgment, is this really my responsibility?

Yep.

What should I do?

Contact the court and see if they have a 'satisfaction form'. If so, get one, fill it out and file it with the court (and send a copy to the debtor). If they don't have a standard form, create a simple letter showing the court, case number, caption of the case and state payment has been received in full.

 

[happy307]

Thank you!!!

Thank you, I will file a satisfaction with the court! Do I need to do that before I cash the check or should I do it after I am sure the check is good?

 

[I AM ALWAYS LIABLE]

Thank you, I will file a satisfaction with the court! Do I need to do that before I cash the check or should I do it after I am sure the check is good?

My response:

After. How else would you know that the judgment has been satisfied until the check passes through the Federal Reserve System?

IAAL

 

[JETX]

Do I need to do that before I cash the check or should I do it after I am sure the check is good?

Did you see in my post where I said, "Take it to the issuing bank and cash it."
Don't deposit and wait.... walk it to THEIR bank and cash it, or convert it into a cashiers check. Then, you can file the substitution with the court without having to worry about whether the check is good or not.