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creditor failing to file satisfaction of judgment

Submitted by lakinapook on Sat, 07/30/2011 - 13:35
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I have been getting the run around for 2 months now from a condo association that sued me and obtained a judgment for unpaid association dues that were subsequently paid by my mortgage company (common practice for the mortgage company to protect their ability to foreclose). They have acknowledged that they received the money, but when I asked about filing the satisfaction with the court they said they were working on it, and I asked again and again, and just recently they have stopped responding to me at all.
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.


If you can get only $100 by winning the case, then I don't feel it is a good idea to file a lawsuit against them. I mean, you'll have to spend more money on your legal fees.

You may get some useful information on this matter from the following page:

"http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter23-3.html"


Submitted by Good Nelly on Sun, 07/31/2011 - 23:05

Good Nelly

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