Legal Question in Civil Litigation in California

Satisfaction of Judgment - Lesser Amount

A collection agency got a default judgment against mom. They levied her bank account but the funds were released back to mom through claim of exemption process.

If we negotiate settlement of the debt for a lesser amount than the judgment is for, how can mom protect herself when sending negotiated amount and ensure the judgment is released pursuant to the agreement? Mom also owns her home which the judgment/lien attached.

Thank you.


Asked on 5/04/06, 8:03 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Satisfaction of Judgment - Lesser Amount

If, under those circumstances, the creditor refuses to sign a satisfaction of judgment even if you have a written agreement for it to take a percentage of the actual amount to satisfy the debt, your mom could petition the court to order the clerk to sign the satisfaction of judgment.

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Answered on 5/11/06, 9:22 pm


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