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satisfaction of judgment

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S

Sandra1964

Guest
What is the name of your state? Wisconsin.
I had a notice of default judgment filed against me by a former landlord. I worked out an agreement and did pay off the entire judgment with interest and court costs. Now I am trying to get a satisfaction of judgment from the landlord, but she is not filling this with the court and returning my phone calls when I call to ask her when she will be filing this. How can I get her to file this form so I can get this judgment satisfied and off my credit record?
 


Ladynred

Senior Member
Unfortunately you cannot force the landlord to do this. However, if you can at least get the letter of satisfaction, YOU can take it to the court and have it filed.
 

JETX

Senior Member
Ladynred said:
Unfortunately you cannot force the landlord to do this. However, if you can at least get the letter of satisfaction, YOU can take it to the court and have it filed.
Sorry, not correct.

Per Wisconsin Statute:
"806.20 Court may direct satisfaction; refusal to satisfy.
(1) When a judgment has been fully paid but not satisfied or the satisfaction has been lost, the trial court may authorize the attorney of the judgment creditor to satisfy the judgment or may by order declare the judgment satisfied and direct satisfaction to be entered upon the judgment and lien docket.

(2) If any owner of any judgment, after full payment thereof, fails for 7 days after request and tender of reasonable charges therefor, to satisfy the judgment, the owner shall be liable to the party paying the same, the party's heirs or representatives in the sum of $50 damages and also for actual damages occasioned by such failure."

Send the judgment creditor a very nice letter (certified RRR), politely 'demanding' that they provide a signed "Satisfaction of Judgment" form either to you for submittal to the court or they can file directly with the court. Include that they are expected to do this within SEVEN days from receipt and that if they don't, you will take appropriate legal action as allowed by state law. You might want to include the above statute or at least a reference to it in your letter.
The statute can be found at:
http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=38900829&hitsperheading=on&infobase=stats.nfo&record={2DC46}&softpage=Document

The form for "Satisfaction of Judgment" can be downloaded at:
http://www.wicourts.gov/forms/GF-129.PDF
 

JETX

Senior Member
Ladynred said:
Unfortunately you cannot force the landlord to do this. However, if you can at least get the letter of satisfaction, YOU can take it to the court and have it filed.
Sorry, not correct.

Per Wisconsin Statute:
"806.20 Court may direct satisfaction; refusal to satisfy.
(1) When a judgment has been fully paid but not satisfied or the satisfaction has been lost, the trial court may authorize the attorney of the judgment creditor to satisfy the judgment or may by order declare the judgment satisfied and direct satisfaction to be entered upon the judgment and lien docket.

(2) If any owner of any judgment, after full payment thereof, fails for 7 days after request and tender of reasonable charges therefor, to satisfy the judgment, the owner shall be liable to the party paying the same, the party's heirs or representatives in the sum of $50 damages and also for actual damages occasioned by such failure."

Send the judgment creditor a very nice letter (certified RRR), politely 'demanding' that they provide a signed "Satisfaction of Judgment" form either to you for submittal to the court or they can file directly with the court. Include that they are expected to do this within FIVE days from receipt and that if they don't, you will take appropriate legal action as allowed by state law. You might want to include the above statute or at least a reference to it in your letter.
The statute can be found at:
http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=38900829&hitsperheading=on&infobase=stats.nfo&record={2DC46}&softpage=Document

The form for "Satisfaction of Judgment" can be downloaded at:
http://www.wicourts.gov/forms/GF-129.PDF
 

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