S
sheri buchanan
Guest
I obtained a judgement for breach of contract on a Retail Installment Contract. The defendant contacted me I allowed him to sign a prom note agreeing to pay in mothly installments. Half way through his term his mortgage broker called and asked that I release the lien created by the judgement so he could refinance. I refused but cut his payoff. He paid and the account was closed. I mailed a notice of statisfaction to the clerk but not by certified mail (stupid I know) and it was not received. The debtor called me two months later to let know it was still on his credit. At that time I filled the statisfaction in person and the lien was released within 30 days of him notifing me. Now he wants part of the money he paid in back. He thinks he will be able to sue me for breach of contract because I refused to release the lien even though he had a signed prom note stating terms of $50 per month. He also feels the court will refund his money because I neglected to file a timely release of lien. He wants $1500 to settle out of court. He feels he can get back everything he paid in ($4450) if he goes to court. I have done some research but cannot find much that pertains to the penalty for failing to file a release with in 30 days and am unsure if the prommissory note superceeds the lien from the judgement. I don't want to pay if the law is not on his side but also do not want my insurance premium to go up as a reult of being sued. Any info you may have would be very appreciated.