cbpfin said:
re: california law, what recourse do i have to get a plaintiff to file a "satisfaction of judgement" form. so far they have not responded to numerous requests.
My response:
I would suggest that you go to your bank and apply for a $5,000.00 loan. Then, when you are denied the loan, that $5,000.00 will be your measure of damages. Make sure you get the denial in writing. You could wind up placing the Plaintiff "on the hook" and turning this whole matter around in your favor !
You'll understand further, when you read below :
If the judgment has been satisfied, the judgment creditor must comply with the demand not later than 15 days after actual receipt of the demand. [CCP §724.050(c)]
If the judgment creditor does not comply with the demand within the time allowed, the person making the demand may apply to the court on noticed motion for an order requiring the judgment creditor to comply with the demand. The notice of motion must be served on the judgment creditor, either personally or by mail. If the court determines that the judgment has been satisfied and that the judgment creditor has not complied with the demand, the court will either (1) order the judgment creditor to comply with the demand, or (2) order the court clerk to enter satisfaction of judgment. [CCP §724.050(d)]
If the judgment has been satisfied and the judgment creditor fails without just cause to comply with the demand within the time allowed, the judgment creditor is liable to the person who made the demand for all damages sustained by reason of the failure to comply, and shall also forfeit a specified monetary fee to that person. Liability for damages and the forfeiture of the specified fee may be determined in the proceedings on the motion to compel compliance with the demand for acknowledgment of satisfaction of judgment under CCP §724.050(d), or in a separate action. [CCP §724.050(e)]
_________[Name, office address, telephone number, and
state bar number of attorney]
Attorney for _________
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF _________
_________[Name], Case No. _________
Plaintiff, NOTICE OF MOTION
TO COMPEL ACKNOWLEDGMENT
vs. SATISFACTION OF JUDGMENT
_________[Name], _________[POINTS AND]
Defendant. AUTHORITIES;
DECLARATION]
____________________________________________________________
To _________[specify judgment creditor, for example, plaintiff or defendant], _________[name], and to _________ [his or her or its] attorney of record:
NOTICE IS GIVEN that on _________[date], at _________[time], or as soon thereafter as the matter can be heard in _________ [department or division] of this court, located at _________[address], _________[moving party] will move the court for an order compelling _________[judgment creditor, for example, plaintiff or defendant], _________[name], to comply with the demand of _________[moving party] to acknowledge the satisfaction of the judgment entered against _________[judgment debtor] in this action. The motion will be made on the grounds that _________[judgment debtor] has paid the sum of $_____ in satisfaction of the judgment in this action and that _________[judgment creditor] has failed without just cause to comply with the demand of _________[moving party] for acknowledgment of satisfaction as required under section 724.030 of the Code of Civil Procedure.
NOTICE IS ALSO GIVEN that _________[specify moving party] intends to seek damages in the amount of $_____, which damages were sustained as a result of the failure of _________[judgment debtor] to comply with the demand to acknowledge satisfaction of the judgment, plus a forfeiture of $100.00, as provided in section 724.050(e) of the Code of Civil Procedure.
The motion will be based on this notice of motion, the declaration of _________[name], the memorandum of points and authorities served and filed with this notice of motion, the papers and records on file in the action, and the evidence to be presented at the hearing of the motion.
Dated _________.
_______________________
[Signature]
Attorney for _________[moving party]
Service: This notice must be served on the judgment creditor, either personally or by mail. [CCP §724.050(d)]
Relief available: If the court determines that the judgment has been satisfied and that the judgment creditor has not complied with the demand, the court will either (1) order the judgment creditor to comply with the demand, or (2) order the court clerk to enter satisfaction of the judgment. [CCP §724.050(d)] In addition, if the judgment has been satisfied and the judgment creditor has failed without just cause to comply with the demand within the time allowed, the judgment creditor is liable to the person who made the demand for all damages sustained by reason of the judgment creditor’s failure to comply, plus a forfeiture of $100. [CCP §724.050(e)]
Good luck to you.
IAAL
