What California court form do I need to complete in order to prove that a prior credit card debt was paid in full?

Asked 10 months ago - Fairfield, CA

Back in 2007, I was taken to court by Capital One due to a defaulted credit card. Instead of going to court, I entered and completed a payment plan with Capital One's lawyer. The court case is still being reported on my credit report, as the court house never received paperwork involving the payment plan. I have a letter from Capital One directly stating that the prior debt was paid in full, but when I called the courthouse, the representative couldn't tell me which form to complete. I need to know what form I need to complete in order to show proof that this debt is paid, so the court can close the case. Thank you very much.

Attorney answers (3)

  1. Stuart Gregory Steingraber

    Contributor Level 17

    1

    Lawyer agrees

    Answered . There is no form you can complete, otherwise, every defendant would fill it out to make their case disappear. You need to have the attorney for CapOne do one of the following: Prepare, sign and file with the court (1) a satisfaction of judgment (if one was entered) or (2) a dismissal with prejudice of the CapOne law suit. When you contact the attorney, be sure to have evidence such as copies of your cancelled checks to verify you paid the debt. Since the credit bureaus only report judgments and not mere pending lawsuits, I suspect you will have to request option 1. If the CapOne lawyer recorded the judgment you will need to record the Satisfaction of Judgment in the same county and the Satisfaction of Judgment must be notarized. If you need help in accomplishing these steps, you can contact me.

  2. Brian Crozier Whitaker

    Contributor Level 17

    1

    Lawyer agrees

    Answered . It is unlikely that the case is still open ... closing the case is not the issue ... it was already closed when the judgment was issued.
    Your issue is with the credit reporting agency and your remedy is with the County Recorder. The judgment created a lien and you need to have that lien released. As my colleague has said, you should contact the creditor and demand the satisfaction of judgment and lien release.

  3. Jason Blair Toon

    Contributor Level 11

    Answered . If a Judgment was entered (probably by Stipulation since you had a satisfaction agreement) then download the Judicial Form EJ-100 Acknowledgment of Satisfaction of Judgment and have the attorney for Capital One (or other authorized representative) sign it. File with the Court and the Judgment is released. If Judgment was not entered then do as advised and draft a Settlement and Satisfaction, signed by both you and Capital One and file it with the Court.

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