Legal Question in Real Estate Law in California

Not filing a satisfaction of judgement

I had a judgment entered against me

from my Home Owners Association

small claims court in 9/03/08 for

$2,695.00 I paid it 10/01/09 it is

now.It is now 7/03/09 & no

satisfaction of judgement was ever

filed w/the court & not only will they

will not file it they say it was a

progress pymt. & say I still owe

$4,000.00. The judge said when he

makes his ruling the slate will be

wiped clean as of the date of the

courts ruling.What is a statue of

limitations on them filing a

satisfaction of judgement w/the

court, & if they dont what recourse

do I have? (what statute)

Thanks


Asked on 7/03/09, 6:49 pm

3 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Not filing a satisfaction of judgement

The judgment can now also include, post judgment costs and interest. If the judgment is paid, a demand letter to the association for satisfaction of judgment should be sent. If the Association does not satisfy the judgment, a motion can be made to cause the association to satisfy it.

Please contact us if you need further assistance.

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Answered on 7/10/09, 2:08 pm
David Gibbs The Gibbs Law Firm, APC

Re: Not filing a satisfaction of judgement

They are required to file the satisfaction of judgment only when the entire judgment has been paid. After the entry of a judgment for $2,695, they can file a memorandum of costs and interest, which may have increased the overall amount due, and therefore, the judgment is not paid in full. They cannot, however, add new HOA dues to the amount they were granted in court. You will probably have to file a motion in the Court to have the Court enter the satisfaction, if you can prove that every penny of the judgment was paid in full.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/03/09, 7:10 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Not filing a satisfaction of judgement

....and if the judgment were only partly paid, they should still file a partial satisfaction showing the amount paid as a credit.

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Answered on 7/08/09, 12:32 pm


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