Can a judgment debtor petition the court for a release of judgment if they can prove the judgment was satisfied?

UPDATED: Apr 5, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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