• 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.

Previous landlord won't collect on judgment

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

What is the name of your state?MO

Evicted in 2019 with a $4K Judgment. Per the agreement with her attorney, with an agreed upon possession date. I was moved out by that date, and her agent received the keys.

About 10 days later, she requested the Sheriff execute an eviction. They showed up (per court notes), attempted to call her, she refused their calls. She does reside in a different state. They reached out to her attorney, he attempted to contact her, she also refused his calls, so the eviction was withdrawn/recalled.

I have been blocked from any contact with her via text or social media. I don't have a current address for her to send a payment. The court clerk advised I reach out to her attorney as any funds would have to go to her or attorney, not the court. I have emailed the attorney several times, no response.

I've never been in a situation in which a person doesn't seem to want to collect. I need this taken care of so I can purchase a home this year

Is it possible to get a judgment dismissed without payment if the petitioner won't respond to payment attempts?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state?MO

Evicted in 2019 with a $4K Judgment. Per the agreement with her attorney, with an agreed upon possession date. I was moved out by that date, and her agent received the keys.

About 10 days later, she requested the Sheriff execute an eviction. They showed up (per court notes), attempted to call her, she refused their calls. She does reside in a different state. They reached out to her attorney, he attempted to contact her, she also refused his calls, so the eviction was withdrawn/recalled.

I have been blocked from any contact with her via text or social media. I don't have a current address for her to send a payment. The court clerk advised I reach out to her attorney as any funds would have to go to her or attorney, not the court. I have emailed the attorney several times, no response.

I've never been in a situation in which a person doesn't seem to want to collect. I need this taken care of so I can purchase a home this year

Is it possible to get a judgment dismissed without payment if the petitioner won't respond to payment attempts?
Send a good old fashioned letter to the attorney, certified, return receipt requested, asking for instructions on how to pay the client.
 

quincy

Senior Member
What is the name of your state?MO

Evicted in 2019 with a $4K Judgment. Per the agreement with her attorney, I left the home on an agreed upon date. I left on that date, and her agent received the keys.

About 10 days later, she requested the Sheriff execute an eviction. They showed up (per court notes), attempted to call her, she refused their calls. She does reside in a different state. They reached out to her attorney, he attempted to contact her, she also refused his calls, so the eviction was withdrawn/recalled.

I have been blocked from any contact with her via text or social media. I don't have a current address for her to send a payment. The court clerk advised I reach out to her attorney as any funds would have to go to her or attorney, not the court. I have emailed the attorney several times, no response.

I've never been in a situation in which a person doesn't seem to want to collect. I need this taken care of so I can purchase a home this year

Is it possible to get a judgment dismissed without payment if the petitioner won't respond to payment attempts?
The “her” and “she” you are referring to is the landlord? The landlord has a $4,000 judgment against you?

The landlord does not have to collect on the judgment immediately. It remains collectible for 10 years. So, no, the judgment cannot be dismissed for that reason.

If the attorney has a physical address in your area, you can set up an appointment and satisfy the judgment then. Make sure a “satisfaction of judgment” is recorded with the court.
 
Send a good old fashioned letter to the attorney, certified, return receipt requested, asking for instructions on how to pay the client.

The lawyer just responded to my email that he no longer represents the landlord.

I find it silly the other responder in this thread suggests it's acceptable to refuse good faith attempts to pay just to drag out the full 10 years.

I guess I'll head up to the county courthouse and talk to a clerk again.
 

quincy

Senior Member
The lawyer just responded to my email that he no longer represents the landlord.

I find it silly the other responder in this thread suggests it's acceptable to refuse good faith attempts to pay just to drag out the full 10 years.

I guess I'll head up to the county courthouse and talk to a clerk again.
It doesn’t sound like the landlord is avoiding payment. It sounds like the landlord can’t be reached for some reason. Maybe the landlord died.
 
It doesn’t sound like the landlord is avoiding payment. It sounds like the landlord can’t be reached for some reason. Maybe the landlord died.
Oh she's alive. She specifically has my number blocked, as well as has me blocked on all social media. I tried texting her from my son's phone and she blocked that too.
 
Last edited:

quincy

Senior Member
Oh she's alive.
You know this how? If someone has been communicating with her, you probably could get contact information from that person. If you are under order not to make any sort of contact with her, have an attorney in your area work on your behalf to get the judgment paid.
 
You know this how? If someone has been communicating with her, you probably could get contact information from that person. If you are under order not to make any sort of contact with her, have an attorney in your area work on your behalf to get the judgment paid.
No one has been communicating but she posts items for sale on Facebook at least 3x a week. I had my mom look her up because I thought she may have died.

There's not any no contact order.
 

quincy

Senior Member
No one has been communicating but she posts items for sale on Facebook at least 3x a week. I had my mom look her up because I thought she may have died.

There's not any no contact order.
Ahh. When you said, “I have been blocked from any contact with her via text or social media,” I misunderstood that as a legal block (court order).

Perhaps someone you know could inquire about one of the items she is selling on Facebook and ask for her location or phone number to see if a pick up of the item would be possible.
 

zddoodah

Active Member
Is it possible to get a judgment dismissed without payment if the petitioner won't respond to payment attempts?
No.

Emails are easily ignored. Pick up the phone and call the lawyer. Try to make arrangements to visit the lawyer's office with a cashier's check or money order that you will exchange for a signed acknowledgment of satisfaction of judgment. If you are unable to do that, then I suspect there is a motion you can make whereby you deposit money with the court and receive an order from the court regarding satisfaction of the judgment. You'll likely need to retain an attorney to do that.


I find it silly the other responder in this thread suggests it's acceptable to refuse good faith attempts to pay just to drag out the full 10 years.
No one said that.


I guess I'll head up to the county courthouse and talk to a clerk again.
The clerk cannot help you. If you want the court to do something, you'll need to make a motion.


Send the payment to her last known address certified, return receipt requested. She hopefully has set a forward.
Are you just assuming that, upon receipt of the payment, the landlord will file a satisfaction of judgment with the court, which is what the OP needs? Given what the OP has described, that seems like a very bad assumption.
 

Zigner

Senior Member, Non-Attorney
I don't know if this is even a possibility, but it might be wise to try to petition the court to allow payment to the court with the court forwarding payment to the plaintiff. I would suggest asking a local attorney about going this route.
 

quincy

Senior Member
... Pick up the phone and call the lawyer. Try to make arrangements to visit the lawyer's office with a cashier's check or money order that you will exchange for a signed acknowledgment of satisfaction of judgment. If you are unable to do that, then I suspect there is a motion you can make whereby you deposit money with the court and receive an order from the court regarding satisfaction of the judgment. You'll likely need to retain an attorney to do that.




No one said that.




The clerk cannot help you. If you want the court to do something, you'll need to make a motion.




Are you just assuming that, upon receipt of the payment, the landlord will file a satisfaction of judgment with the court, which is what the OP needs? Given what the OP has described, that seems like a very bad assumption.
Apparently the landlord’s attorney was unable to contact her and now the attorney no longer represents the landlord.
 

Find the Right Lawyer for Your Legal Issue!

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