Can a judgment debtor petition the court for a release of judgment if they can prove the judgment was satisfied?
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Can a judgment debtor petition the court for a release of judgment if they can prove the judgment was satisfied?
had a for closure that was entered as a judgment 6 years ago; the account was settled 4 years ago. Plantiff’s attorney will not file for release of judgment so can I as the judgment debtor file this?
Asked on April 5, 2012 under Bankruptcy Law, Indiana
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, under the statutes of all states in this country, if you have satisfied in full a judgment and the judgment creditor will not file a full satisfaction of the judgment, you are entitled to file a petition with the court seeking the relief that you want.
Make sure you attach the required documentation showing that the judgment was paid in full. Some states have statutes allowing the issuance of monetary sanctions against a judgment creditor that refuses to file the full satisfaction of judgment that you want if there was no legal basis for refusing to do the filing.
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