As you guys may or may not know, I used to own my own Golf business. I had to close the doors after Sept 11 and it took a few years to get all my accounts paid off. I paid my last on off in July 2008 as follows:
Original debt $25,000
Paid payments of $10,000
Settled remaining $15,000 for $6,000
It has been a year now of fighting to get them or their collection attorneys to report a settlement of their judgement against me. I am now fed up and was wondering what recourse I may have?
Can I turn the judgement around against them?
Can I sue for damages to my credit or higher interest rates etc
Can I sue to force them to file the satisfaction once and for all?
I need a little more info:
1) You reference a judgment, was there a judgment in the amount of $25K?
2) If "yes" to #1, did you get a partial release when you paid $10K?
3) Did you execute any type of settlement agreement, or do you have other (written) evidence of their acceptance of $6K in settlement of the entire balance?
The answers (additional info notwithstanding) to your questions are:
1) No, a judgment is what it is, there is no "turning it around".
2) Maybe, but it will be very hard to prove without some documentation of the settlement agreement and hard evidence of your damages.
3) Probably not a separate suit, but IF there was a written settlement agreement and you have performed your part, you might petition the court in the underlying suit to issue an order releasing you upon evidence of compliance with the written settlement agreement.
DISCLAIMER: I AM NOT YOUR ATTORNEY AND YOU MAY NOT RELY UPON MY ADVICE.