I have a judgement against me for child support, my support has been paid off, but there is still a judgement on me. My ex is willing to release the judgement. How do I go about doing this? The judgement is for interest, which hasn't been paid.
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I have a judgement against me for child support, my support has been paid off, but there is still a judgement on me. My ex is willing to release the judgement. How do I go about doing this? The judgement is for interest, which hasn't been paid.
In my area the person who has the Judgment - your ex - files a Satisfaction with the Clerk of the Court.
The Clerk should provide you with the necessary forms or, depending on your State, they may be available on line.
The person WITH the Judgment has to claim it is satisfied. You have no legal standing here.
He has no legal standing and the ex may not either, as the judgement may be held by the government.Quote:
Originally Posted by JudyKayTee
I agree... if your Child Support case was with CSE then they would have to release it and they may not until you pay in full what they say you owe including interest and fees. If they case was with CSE then call your case worker.
CSE has told me that all they wanted was the child support, any judgements or fees are coming from the clerks office. I am guessing this is why they stopped garnishing my wages for the support.
Sounds like you are dealing with a bureaucracy; find out who the 'teller' is and get it taken care of.
Quote:
Originally Posted by rb1971
If the Judgment is not totally paid off you cannot get it released - so if an agency is looking for fees or whatever that are part of the Judgment it will stand until paid in full.
Are you asking if your "ex" can "settle" for less than the full Judgment?
Here is the deal I live in FL, My daughter turned 18 over a year a go, however since I owed money on arrears my check was garnished the same amount as it was while I was paying regular current support. The money was taken from my paycheck and sent to a State Dispursement Unit, who then sends it to my ex. The Fl dept of revenue is representing her, however the clerks office are the ones who maintain the official records and balances, etc... Back in 1997 They placed a judgement on me for 1900.00 in unpaid child support. Now the judgement is 7582.00. The support is paid off. Now, there is the judgement still on me for interest (the7582.00) My ex is willing to release the judgement (if she can), since I switched my daughter to my Ins, etc...
How do I go about getting this judgement released?
Thanks, sorry if its confusing!!
If the Judgement is with the Clerks off you need to contact them and have them issue the release. If you can go there in person and talk to them, sometimes you get better results that way.
Another question... Who gets the payout of the judgement? Meaning who does the judgement say you owe the money to. If its your ex then you will have to have your ex write a letter stating the amount that was paid and that there is no more outstanding debt with her, take that letter with you to the Clerk. If it's the court or CSE you will have to pay it in full or work out a deal.
Quote:
Originally Posted by cjonline
In Virginia the County Clerk will accept a letter that the Judgment is paid and does not require a formal, legal Discharge or Release?
If you don't get results or resilution in 2 weeks time then take it to court and let a judge tell them. The claws of child support agencies don't ever want to let go because they profit from you. If you go before a judge with your ex agreeing to the settlement then there shouldn't be a problem. But if she was on state aide and they are trying to recover expenses then get a final figure from a judge and pay it off. The interest is normally a discretion of the courts and not truly mandatory.
Quote:
Originally Posted by JudyKayTee
Yes and No. If the Clerk has a formal letter or his ex was to go with him and swear that the debt has been paid then they file all the paperwork based on that information and the release is given shortly thereafter, but he wouldn't need to go in front of the Judge or anything; its just paperwork at that point. Honestly, his ex would be lying and stating that he paid it in full therefore it should be released. The same would work if he had a canceled check made out to her for the amount for the judgement showing it was paid. (If she doesn't care about the $7000 due to her then neither will the clerk or the court.) He just needs proof that it was paid to who it was owed and then the paperwork can be started and a release given.
If the city/state is owed the money then that letter from his ex wouldn't do any good he would need to show it was paid off or work something out with someone from one of the offices or he would have to go to court and have a Judge sign the release.
Judy... you made a point I forgot... I know for a fact that this is how it works here, It may not be that way where he is. But he can always call the clerk of the court the judgement was filed in and ask what he can do to get it released once the debt is paid and go from there.
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