Collection after a Satisfaction of Judgement?

Asked about 1 year ago - Chino Hills, CA

I recently received a letter from a collection agency. This account was a previous judgement against me and it was settled. I have already received a "Satisfaction of Judgement" from the court. I believe the collection agency is trying to collect from the defiency amount that was not paid. Is this legal for a collection agency to collect on an account that has been settled with the original creditor?

Attorney answers (3)

  1. Lloyd Stewart Mann

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . A key issue here is whether or not this is the same debt, and also whether or not you received a "full" satisfaction or judgment, or just a "partial" satisfaction. If you received a full satisfaction, and the collection company is attempting to collect on the same debt, they are not permitted to do so. You should make sure that you send them a copy of the Satisfaction of Judgment. If they later file an action, you can use the Satisfaction of Judgment, and evidence that they are attempting to collect upon the same judgment to obtain a dismissal of the case.

    THIS RESPONSE IS NOT LEGAL ADVICE. IT HAS BEEN PROVIDED FOR EDUCATION AND INFORMATION ONLY. Mr. Mann is licensed... more
  2. Robert Harlan Stempler

    Contributor Level 19

    Answered . When you paid the debt collection agency to settle the judgment, this is what they are supposed to file (or send you) to advise the court that the judgment has been satisfied and no longer collectible. If the box for "in full" was checked on the form, then this is exactly what you want.

    You should ensure that it is promptly filed with the court. If this court's records are available online, you can monitor it being filed, unless they sent you their original signature, in which case you should make a copy and go to the court and file it yourself. The clerk should not charge you to file this. If this reply helped you, please mark "helpful" below.

    Robert Stempler (please see DISCLAIMER below)
    www.StopCollectionLawsuits.com
    www.facebook.com/SoCalConsumerLawyer
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
  3. Miguel Angel Iniguez

    Contributor Level 11

    Answered . In addition to making sure you have a filed Satisfaction of Judgment which is marked as "in full", if you entered into a settlement agreement with the plaintiff in the action, you can also refer to the settlement agreement which may also reference that the matter is settled and that the debt will be reported as "paid in full." If you notify the secondary collection agency of this and request that they cease contact with you, they may be in violation of federal laws if they continue to attempt to communicate with you and collect.

    You should also review your credit report to see what each of these creditors is reporting to insure that any errors or discrepancies are addressed immediately and that your credit isn't negatively impacted.

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