Collection attorney refuses to file satisfaction of judgment

[lenovo1074]

Indiana

Hello - I had 2 judgments against me, both from a local orthopedic practice/hospital. I did my part and made regular, timely payments on both, but the attorney still filed for a garnishment hearing which is now on 5/16/18. Since then, I have paid both judgments in full; 1 was paid off in mid-February and the other was paid off mid-April.

I had been in constant contact with the collection attorney's office throughout this ordeal, making all payments to them and keeping tabs on my balance, etc. I was told when I paid the one judgment off in February that the satisfaction of judgment would be filed with the court in 30 days - it has yet to be filed. I have called several times about this issue and keep being told it will be filed or is being "processed".

When I paid the judgment #2 off in mid-April, I was told the same thing - it would take at least 30 days to file or its being processed, etc. I have been in contact with the courts 3 times in the last month to see if anything was being filed, and they don't even have payments on record for either judgment, so the collection attorney hasn't even been reporting those.

I CANNOT get anyone to assist me, and this particular attorney has a very bad reputation for showing up in court (and winning) by saying debts aren't really paid off. I have been told by at least 3 people in the office though, that both accounts show as "paid in full".

How do I get them to file these satisfactions, before I have to go to court next week? I am very afraid that I am going to show up and while I have all my documentation showing the payments I made, I have nothing else showing paid in full, other than the word of HIS workers. I worry he'll pull a fast one and win, by telling the court I have some unseen interest due, etc.

Any help anyone can provide, is greatly appreciated. Thank you!

 

[quincy]

Indiana

Hello - I had 2 judgments against me, both from a local orthopedic practice/hospital. I did my part and made regular, timely payments on both, but the attorney still filed for a garnishment hearing which is now on 5/16/18. Since then, I have paid both judgments in full; 1 was paid off in mid-February and the other was paid off mid-April.

I had been in constant contact with the collection attorney's office throughout this ordeal, making all payments to them and keeping tabs on my balance, etc. I was told when I paid the one judgment off in February that the satisfaction of judgment would be filed with the court in 30 days - it has yet to be filed. I have called several times about this issue and keep being told it will be filed or is being "processed".

When I paid the judgment #2 off in mid-April, I was told the same thing - it would take at least 30 days to file or its being processed, etc. I have been in contact with the courts 3 times in the last month to see if anything was being filed, and they don't even have payments on record for either judgment, so the collection attorney hasn't even been reporting those.

I CANNOT get anyone to assist me, and this particular attorney has a very bad reputation for showing up in court (and winning) by saying debts aren't really paid off. I have been told by at least 3 people in the office though, that both accounts show as "paid in full".

How do I get them to file these satisfactions, before I have to go to court next week? I am very afraid that I am going to show up and while I have all my documentation showing the payments I made, I have nothing else showing paid in full, other than the word of HIS workers. I worry he'll pull a fast one and win, by telling the court I have some unseen interest due, etc.

Any help anyone can provide, is greatly appreciated. Thank you!

Here is a link to Indiana's Small Claims Rules of the Court, 2018: https://www.in.gov/judiciary/rules/small_claims/small_claims.docx#_Toc468115327

See Small Claim Rule 11(D) on satisfaction of judgment.

The clerk of the court should have a record of payments.

Good luck.

 

[lenovo1074]

Here is a link to Indiana's Small Claims Rules of the Court, 2018: https://www.in.gov/judiciary/rules/small_claims/small_claims.docx#_Toc468115327

See Small Claim Rule 11(D) on satisfaction of judgment.

The clerk of the court should have a record of payments.

Good luck.

thank you for the link; it is much appreciated. Unfortunately, I have contacted the court on a few occasions and they have no record of payments, because the collection agency/attorney never reported anything to them as being paid. I had been paying the agency/attorney directly for the judgment, which was the balance of the bills and court costs.

I have been in contact several times over the last few days with the attorney's office trying to get them file a satisfaction on both causes, and am just getting the run around. As of this morning, they supposedly sent the documents to the court "a while back" but when I talked to the courts just a few moments ago, they still have nothing on file.

I am concerned about this hearing on 5/16/18, because it's a garnishment hearing and there is nothing left to garnish - I paid everything, and the attorney's office even confirmed both accounts were paid in full.

 

[quincy]

Take all of the evidence you have of payments to the hearing and support your contention that the judgment has been satisfied in full.

It might be worth it for you to have an attorney accompany you to the hearing.

Good luck.