Hit my a Mac Truck

[backhoe]

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

I meant "By" a Mack Truck

I was divorced in September, 2006, we got a standard long distance custody plan with ex as the cusotodial parent. I had a lawyer and so did my ex-wife. Her lawyer asked that I pay my exes legal fees ( because she knew darned well that my ex wasn't going to pay) the judge denied that in court. I heard it in court and I read it in the final papers. I paid alimony for 6 months and pay child support.

Fast forward to today. I have spent the last 4 years paying off my own legal fees and I finally accomplished it and decided that this would be a good time to buy a house. I have pretty perfect credit so I wasn't worried about a loan until today.

This is what my real estate agent sent me:

Certificate of Satisfaction issued by the Clerk of Court of Judgement, Dated 12/31/2006. Entered in favor of (her lawyer's name), against (me), in the amount of 12,285.75 + court costs. Said judgement having been entered under civil action #-....-...... in the District court in and for the County of (my county). A transcript of which was ordered 12/28/2006 at reception #************** in (my) County.

I am going to call my lawyer ASAP in the morning but I don't even know what to think of this. How could this have happened without my knowledge? I still have my lawyer and have had him since the divorce,wouldn't one of us have been informed of this in some way?

I was still having dealings with my lawyer in 2007 and in a contempt action I actually won my court costs and lawyer fees from my ex, which she never paid.What is the name of your state (only U.S. law)?

 

[mistoffolees]

You should have been notified of any action. If you weren't served, your attorney may be able to get the judgment voided. Just call the attorney first thing in the morning.

 

[backhoe]

Thanks for the fast reply, I feel like my head is going to explode or something, I just never saw this coming.

 

[justalayman]

Certificate of Satisfaction issued by the Clerk of Court of Judgement, Dated 12/31/2006.

what is even stranger is; a certificate of satisfaction means the judgment was paid (satisfied)

 

[backhoe]

That makes me feel better but the mortgage company is viewing it as a lien and I wonder why would she use my name when I never owed her anything, it was my ex?

 

[justalayman]

That makes me feel better but the mortgage company is viewing it as a lien.

a lien is something very different than a judgment for a debt. What is there a lien on?

and a judgment, even if satisfied, is still a judgment. Just like a bad debt sticks around for awhile, even after it is paid off, so does a judgment.

 

[backhoe]

I'm not quite understanding this. I was wondering the same thing about them calling it a lien because there was no property to apply a lien to.

So even if I don't owe this and there was never any judgement against me, it was somehow filed that I owed it but it is now satisfied?

Does it affect my credit?

I hope those questions make sense, I can't even think straight right now.

 

[justalayman]

yes, it does affect your credit.

I didn't say there wasn't a judgment against you.

a lien is essentially a notice that is registered against a property. In some cases, it's so the property cannot be sold unless the lien is released. In others, it is notification there is a lien against the property and the creditor may take action against the property. It can be applied to things like property, both real and not, bank accounts, and many other types of valuable property.

 

[backhoe]

Thanks for trying to help me out.

I will talk to my lawyer tomorrow and see what can be done because I was not ordered to pay my exe's lawyer.

 

[backhoe]

I did an online search on this and this is what I found, it doesn't look good but I swear I never had any notice of this from the court, her lawyer or mine. The date is 3 months after my divorce was final.

Judgments
# Date Details
1 12/21/2006 Judgment Entered
Status: UNSATISFIED
Judge: Thomas
Judge BAR: 5721
Creditor: her lawyer
Debtor: Me
Principal: $12285.75
Court Costs: $0.00
Attorney Fees: $0.00
Interest: $0.00

I see 2 hearings in December, none on the 21st but I guess it could have been filed later on the 21st. I was never in court at 7 PM.

12/05/2006 7:00 PM Review
Status: Hearing Held
Judge: Thomas
Room: 12
12/26/2006 7:00 PM Review
Status: Hearing Held
Judge: Stephanie (Different Judge)
Room: 3

I'm just at a loss.

 

[LdiJ]

I did an online search on this and this is what I found, it doesn't look good but I swear I never had any notice of this from the court, her lawyer or mine. The date is 3 months after my divorce was final.

Judgments
# Date Details
1 12/21/2006 Judgment Entered
Status: UNSATISFIED
Judge: Thomas
Judge BAR: 5721
Creditor: her lawyer
Debtor: Me
Principal: $12285.75
Court Costs: $0.00
Attorney Fees: $0.00
Interest: $0.00

I see 2 hearings in December, none on the 21st but I guess it could have been filed later on the 21st. I was never in court at 7 PM.

12/05/2006 7:00 PM Review
Status: Hearing Held
Judge: Thomas
Room: 12
12/26/2006 7:00 PM Review
Status: Hearing Held
Judge: Stephanie (Different Judge)
Room: 3

I'm just at a loss.

Definitely talk to a lawyer, even if you don't end up using the same one you used before. Clearly you were not properly served for any court action.

 

[mistoffolees]

Definitely talk to a lawyer, even if you don't end up using the same one you used before. Clearly you were not properly served for any court action.

And especially since there is a certificate of satisfaction.

 

[LdiJ]

And especially since there is a certificate of satisfaction.

I am still confused by that. It almost makes me wonder if the judgement was done so that the attorney could place a lien against marital property in his ex's possession (IE the marital home perhaps) and when the property was sold, the judgement was satisfied.

Still though, there should have been proper service.

 

[backhoe]

Here is an update.

I was just so rattled that I didn't see that it was the loan company who was asking for a certificate of satisfaction. There is a judgement filed for the 12K but after further investigation today it is now over 22K with 18% interest.

My lawyer was out of town Friday, I got him this morning he said there was no judgement, he didn't look at my file but just answered off the top of his head.

I finally found my final orders, signed by the judge on 12/21/06, that we were each to pay our own lawyers, so it is still up in the air.

I'm going to call the lawyer again in the morning.

 

[mistoffolees]

Here is an update.

I was just so rattled that I didn't see that it was the loan company who was asking for a certificate of satisfaction. There is a judgement filed for the 12K but after further investigation today it is now over 22K with 18% interest.

My lawyer was out of town Friday, I got him this morning he said there was no judgement, he didn't look at my file but just answered off the top of his head.

I finally found my final orders, signed by the judge on 12/21/06, that we were each to pay our own lawyers, so it is still up in the air.

I'm going to call the lawyer again in the morning.

I would also start by notifying the credit agency that their records are in error and there has been no such court proceeding that you are aware of.