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Slimfishes · Jan 25, 2009, 05:33 PM

Here's the basic history: Received an order for wage garnishment in 2001 to satisfy a judgment that was entered in 1999. I knew nothing of the judgment until getting the wage garnishment order, and have discovered that original docs were served by "substitute service", which explains why I was not aware of it. Had ENTIRE paycheck withheld for several pay periods, then garnishment stopped. This, along with the judgment disappearing from my credit report, led me to believe that judgment was satisfied. I did not receive any notices or other contact stating otherwise.

Ten years later, I received a Renewal of Judgment for $283 of the original $1500, for accrued interest. Why did I not receive notice from the court that payments had stopped before debt was satisfied? Or notice from the assignee of record that I still owed money? I will pay the money immediately, but want to try and keep another judgment from marking my credit for 10 years. The renewal states that I can file a motion to vacate or modify the renewal, but am having trouble with the SC-135 form. Not sure what to put for dates... initial entry date, or renewal date? And will doing so give me the chance to have this kept off my credit? If not, I won't be in such a hurry to pay, and may send it in several portions if my credit is going to take a hit regardless of when and how I pay.

Any info is appreciated!

JudyKayTee · Jan 26, 2009, 07:42 AM

The Court was pretty much out of this when the Judgment was granted. They won't be back into the matter until someone comes to Court with a Motion or a Satisfaction of Judgment to be filed. The Court won't notify you of anything, nor do they have to.

If service was insufficient (which you appear to think it was) the time to argue that point was when you were first made aware of the Judgment. I have no idea why the garnishment was filed and dropped. Perhaps it slipped through the cracks somewhere.

The form as I recall it is pretty self-explanatory - what is the exact language?

Fr_Chuck · Jan 26, 2009, 07:49 AM

If you pay the full amount piior to the renewal, and then file a motion that the judgement is paid in full. Thus no basis for renewal, then it will not be renewed and will not go back on your credit report

Slimfishes · Jan 26, 2009, 01:52 PM

Thanks for reading my sob story and taking the time to reply. I went to the courthouse this morning and had 3 different people give me three different answers as to what form to file. Finally went with the SC-145 (request to pay judgment to court), got satisfaction
Of judgment papers, and finished this crap for good. If it does happen to show up on my credit report, as least it will say PAID!! Can't wait to mail copies to all the nags involved in this, like the plaintiff, his assignee of record, and the attorney for the assignee of record.
Thanks again for taking the time to respond... I hope I don't need an legal advice anytime soon, but if I do, I will certainly post a question here.

JudyKayTee · Jan 26, 2009, 02:08 PM

Originally Posted by Slimfishes

Thanks for reading my sob story and taking the time to reply. I went to the courthouse this morning and had 3 different people give me three different answers as to what form to file. Finally went with the SC-145 (request to pay judgment to court), got satisfaction
of judgment papers, and finished this crap for good. If it does happen to show up on my credit report, as least it will say PAID!!! Can't wait to mail copies to all the nags involved in this, like the plaintiff, his assignee of record, and the attorney for the assignee of record.
Thanks again for taking the time to respond......I hope I don't need an legal advice anytime soon, but if I do, I will certainly post a question here.

You are always more than welcome to stay and help other people or simply join in.

(I did laugh at the 3 people, 3 stories comment. Happens all the time. You just took it in better stride and spirit than the majority of people who post here.)