refuses to file satisfaction of judgment
Date: Sat, 07/30/2011 - 07:16
I have called about 3 attorney's so far, the first 2 directed me forward to another attorney, the 3rd just offered me free advice which I am actually a little skeptical of (sue them in small claims court, according to New York State statute 5020 they are legally obligated to file the satisfaction within 20 days of receiving the funds or face a fine of $100, but according to what I have read a small claims suit can only be for money, it can't compel them through a small claims case to file the satisfaction).
I am thinking what I need to do is get a lawyer to write a threatening letter, which I believe would be enough to compel them to file the satisfaction. Then in about 6 months I would then file a small claims suit to get the hundred dollar fine plus my attorney costs. The reason why I would wait the 6 months is because my condo was just foreclosed on, and since I still owed association fees as of my foreclosure, by the time 6 months has passed the mortgage company will have paid them and the condo association won't be able to come after me for anything.
Does anyone have any suggestions or ideas regarding this that I haven't thought of? I can't seem to find a lawyer who wants to deal with this, the lawyer who gave me free advice said he wasn't sure but that he thought all I could get out of them when I sue is $100.
You can start by calling the office of the clerk where the judgm
You can start by calling the office of the clerk where the judgment was obtained, and inquire about the required procedures for filing of a satisfaction of judgment. They are the ones that receive them.
Hi lakinapook, Don???t you have proof of the payment? Oth
Hi lakinapook,
Don???t you have proof of the payment? Other than doing what Lian has said, you can get advice from an attorney. Talk to your mortgage company too about the payment and check out the terms and conditions of the condo association.
Thanks,
Marvel Becks
I would be thrilled to hire a lawyer, but it seems that they don
I would be thrilled to hire a lawyer, but it seems that they don't want to bother with this, maybe it is too small a deal for them to find it worth it.
Does anyone know if I am able to hire a lawyer, would I be able to recover my legal fees from the creditor?
If anyone has any advice on getting a lawyer interested in taking this on for me, I would really appreciate it.
Maybe you could get one to work on contingency? Try the NACA.
Maybe you could get one to work on contingency?
Try the NACA.
Hi lakinapook, I think it would be best for you to try and fin
Hi lakinapook,
I think it would be best for you to try and find debt attorneys in your area and have a talk with them. Discuss your situation and if anyone shows interest, then well and good, you may be able to get real help from someone :smile: