• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

My ex wife has to sign a satisfaction of judgement to remove a lien in order for me

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

swalker01

Junior Member
What is the name of your state (only U.S. law)? Iowa

I have been done paying child support since 2008 and now want to sell a piece of farmland. When I went to sell I found out that there is a lien that was still at the courthouse that needed to be removed first. Since the lien was placed to make sure that Child support was all paid I have to have my ex sign a satisfaction of judgement but she will not because she says that I still owe money to her from 2004 for medical expenses for my son, I do not. She just is taking a last ditch effort to get money from me because she knows I inherited this land. She says I owe her money but won't give an amount. She has 30 days to sign or it will go to a hearing. She is costing me ALOT of money,lawyer fees, interest and possibly a business venture. Is there a law that permits the defendant to pursue the actual damages that he or she suffered from the plaintiff for failing to provide the required satisfaction of judgment if he or she had no just cause in not providing it upon request?
 


HRZ

Senior Member
Sort thru 2013 Iowa Code
TITLE XV JUDICIAL BRANCH AND JUDICIAL PROCEDURES
SUBTITLE 3 CIVIL PROCEDURE
CHAPTER 624 TRIAL AND JUDGMENT
624.37 Satisfaction of judgment — penalty.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Iowa

I have been done paying child support since 2008 and now want to sell a piece of farmland. When I went to sell I found out that there is a lien that was still at the courthouse that needed to be removed first. Since the lien was placed to make sure that Child support was all paid I have to have my ex sign a satisfaction of judgement but she will not because she says that I still owe money to her from 2004 for medical expenses for my son, I do not. She just is taking a last ditch effort to get money from me because she knows I inherited this land. She says I owe her money but won't give an amount. She has 30 days to sign or it will go to a hearing. She is costing me ALOT of money,lawyer fees, interest and possibly a business venture. Is there a law that permits the defendant to pursue the actual damages that he or she suffered from the plaintiff for failing to provide the required satisfaction of judgment if he or she had no just cause in not providing it upon request?
I presume you have filed the appropriate motion under Iowa Code Section 624.37.

However I don't see anything under Iowa law that would allow you to seek damages over and above the $400 penalty as contained in the body of the statute. (And that only applies should she fail to comply within the 30 days from the date of the written demand.)

Then there is the principle of statutory construction known as " Expressio unis est exclusion alterius", meaning the express mention of a consequence (here the forfeiture of the $400) implies the exclusion of all other (alterius) remedies.
 

swalker01

Junior Member
I presume you have filed the appropriate motion under Iowa Code Section 624.37.

However I don't see anything under Iowa law that would allow you to seek damages over and above the $400 penalty as contained in the body of the statute. (And that only applies should she fail to comply within the 30 days from the date of the written demand.)

Then there is the principle of statutory construction known as " Expressio unis est exclusion alterius", meaning the express mention of a consequence (here the forfeiture of the $400) implies the exclusion of all other (alterius) remedies.

Thanks for all info on this matter! I guess I will just wait it out. Any other decent person would have just signed the letter of satisfaction!
 

Zigner

Senior Member, Non-Attorney
That is part of the problem. She says that I owe her money but has not said an amount. I have no idea what she thinks I owe her or what amount she wants to get out of me!
ASK her. If it's a few hundred dollars, your cheapest and fastest way to do it is to just pay her.
 

stealth2

Under the Radar Member
That is part of the problem. She says that I owe her money but has not said an amount. I have no idea what she thinks I owe her or what amount she wants to get out of me!
As Zig posted - ASK! That's not rocket science.
 

swalker01

Junior Member
As Zig posted ASK! That's not rocket science.
Just so you know! I have asked....she can't come up with an amount. I'm not a rocket scientist but even I thought of that. The court says she has 30 days to sign the satisfaction. She still has not. She says that I owe her money for "medical bills" that I have always paid her 1/2 of back in the day. What I need to know now is if she does not sign the satisfaction in 30 days....not only will she get a $400 fine but will she forfeit her chance at her dream of getting any money for me and will the lien that the court has on me be dropped?
 

latigo

Senior Member
Just so you know! I have asked....she can't come up with an amount. I'm not a rocket scientist but even I thought of that. The court says she has 30 days to sign the satisfaction. (?) She still has not. She says that I owe her money for "medical bills" that I have always paid her 1/2 of back in the day. What I need to know now is if she does not sign the satisfaction in 30 days....not only will she get a $400 fine but will she forfeit her chance at her dream of getting any money for me and will the lien that the court has on me be dropped?
What you are saying here is not consistent with the Iowa Code. *

For starters the court does not "say that she has 30 days to sign the satisfaction"!

In fact the courts do not become involved in the process of determining the propriety of obtaining the satisfaction unless:

1. The judgment debtor has presented the judgment creditor with a written request containing a draft release of the judgment; and

2. Thereafter (within 30 days) the judgment creditor fails to "acknowledge satisfaction of the judgment by the execution of an instrument referring to it, duly acknowledged or notarized in the manner prescribed in chapter 9B and filed in the office of the clerk in every county wherein the judgment is a lien"

Then and only if the judgment creditor fails to timely comply with the demand days does the court become involved. Such involvement being initiated with the filing of a motion seeking the $400 penalty and requesting that "the court determine the amount currently owed on the judgment (if any) and such other relief as may be necessary to accomplish payment and satisfaction of the judgment."

In other words, the judgment creditor's failure to comply with the demand DOES NOT result in the court automatically issuing an order of compliance as your posts mistakenly implies.

First there must be an evidentiary hearing to "determine the amount currently owed on the judgment, (if any) or any other relief as may be necessary to accomplish payment and satisfaction of the judgment."

_____________________


[*] Iowa Code Section 624.37 Satisfaction of Judgment.

"1. When the amount due upon judgment is paid off, or satisfied in full, the party entitled to the proceeds thereof, or those acting for that party, must acknowledge satisfaction of the judgment by the execution of an instrument referring to it, duly acknowledged or notarized in the manner prescribed in chapter 9B, and filed in the office of the clerk in every county wherein the judgment is a lien. A failure to acknowledge satisfaction of the judgment in such manner within thirty days after having been requested to do so in a writing containing a draft release of the judgment shall subject the delinquent party to a penalty of four hundred dollars to be recovered by a motion filed in the court that rendered the original judgment requesting that the payor of the judgment, if different from the judgment debtor, be subrogated to the rights of the judgment creditor, that the court determine the amount currently owed on the judgment, or any other relief as may be necessary to accomplish payment and satisfaction of the judgment. * * * * * * * " (Emphasis added)
 

swalker01

Junior Member
What you are saying here is not consistent with the Iowa Code. *

For starters the court does not "say that she has 30 days to sign the satisfaction"!

In fact the courts do not become involved in the process of determining the propriety of obtaining the satisfaction unless:

1. The judgment debtor has presented the judgment creditor with a written request containing a draft release of the judgment; and

2. Thereafter (within 30 days) the judgment creditor fails to "acknowledge satisfaction of the judgment by the execution of an instrument referring to it, duly acknowledged or notarized in the manner prescribed in chapter 9B and filed in the office of the clerk in every county wherein the judgment is a lien"

Then and only if the judgment creditor fails to timely comply with the demand days does the court become involved. Such involvement being initiated with the filing of a motion seeking the $400 penalty and requesting that "the court determine the amount currently owed on the judgment (if any) and such other relief as may be necessary to accomplish payment and satisfaction of the judgment."

In other words, the judgment creditor's failure to comply with the demand DOES NOT result in the court automatically issuing an order of compliance as your posts mistakenly implies.

First there must be an evidentiary hearing to "determine the amount currently owed on the judgment, (if any) or any other relief as may be necessary to accomplish payment and satisfaction of the judgment."

_____________________


[*] Iowa Code Section 624.37 Satisfaction of Judgment.

"1. When the amount due upon judgment is paid off, or satisfied in full, the party entitled to the proceeds thereof, or those acting for that party, must acknowledge satisfaction of the judgment by the execution of an instrument referring to it, duly acknowledged or notarized in the manner prescribed in chapter 9B, and filed in the office of the clerk in every county wherein the judgment is a lien. A failure to acknowledge satisfaction of the judgment in such manner within thirty days after having been requested to do so in a writing containing a draft release of the judgment shall subject the delinquent party to a penalty of four hundred dollars to be recovered by a motion filed in the court that rendered the original judgment requesting that the payor of the judgment, if different from the judgment debtor, be subrogated to the rights of the judgment creditor, that the court determine the amount currently owed on the judgment, or any other relief as may be necessary to accomplish payment and satisfaction of the judgment. * * * * * * * " (Emphasis added)
Sorry I misspoke....The clerk sent her the letter of satisfaction and she is the one that told me that she has 30 days to sign. So what you are saying is that either way if she signs it in time or not we will have to go to to a hearing to have the judge decide if I owe anything to her or if she needs to sign?
 

latigo

Senior Member
Sorry I misspoke....The clerk sent her the letter of satisfaction and she is the one that told me that she has 30 days to sign. So what you are saying is that either way if she signs it in time or not we will have to go tot a hearing to have the judge decide if I owe anything to her or if she needs to sign ?
You seem to have a habit of misspeaking. So please choose your words with more care as if I have not said that "either way you will have to go to a hearing"! Again read the damned statute!

Also explain where you all came up with the notion that it is the responsibility of the clerk of the court to formally request a satisfaction of a judgment. I don't find anything under Iowa law or procedural rules whereby it is the office of the clerk to make that request.

But since that seems to be the case in this instance, please tell us the contents of and who prepared the "draft release of judgment" that must be included in the written request. Does it comply with the statute? What manner was the request served upon the ex-wife? How can you document the date of service if it was so served? How can you verify whether or not the ex-wife complies with the statute?

Do you fully understand what is required of her in order to release the judgment lien? I frankly don't think either of you know what is required. What I do think is that you are not going to sort this out without incurring some legal expense.
 

swalker01

Junior Member
You seem to have a habit of misspeaking. So please choose your words with more care as if I have not said that "either way you will have to go to a hearing"! Again read the damned statute!

Also explain where you all came up with the notion that it is the responsibility of the clerk of the court to formally request a satisfaction of a judgment. I don't find anything under Iowa law or procedural rules whereby it is the office of the clerk to make that request.

But since that seems to be the case in this instance, please tell us the contents of and who prepared the "draft release of judgment" that must be included in the written request. Does it comply with the statute? What manner was the request served upon the ex-wife? How can you document the date of service if it was so served? How can you verify whether or not the ex-wife complies with the statute?

Do you fully understand what is required of her in order to release the judgment lien? I frankly don't think either of you know what is required. What I do think is that you are not going to sort this out without incurring some legal expense.
Wow! Is this a forum for people who aren't "lawyers" to ask questions or not? Are you a lawyer or just pretending to be one?? You can keep your advice and I am sure I'm not the only one you are a complete ass to!
 

stealth2

Under the Radar Member
Wow! Is this a forum for people who aren't "lawyers" to ask questions or not? Are you a lawyer or just pretending to be one?? You can keep your advice and I am sure I'm not the only one you are a complete ass to!
And with THAT? I strongly suggest that you go pay an attorney for the answers to your questions.
 

HRZ

Senior Member
OP...read the statute as written.

IF you paid as required and can prove it...you are likely to win your point if you follow the rules.

IF you allow EX to open up debate as to OTHER claims she thinks she has....you will quIckly waste your time and money playing her games ..IMHO
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top