Is an attorney legally required to file a satisfaction of judgement once it is paid?

I have a past judgment appearing as open even though it was paid in 2007. I have the documentation and had to contact the original creditor to even get the attorney’s collection department to issue one. I received a copy in the mail nearly a month ago but the court still hasn’t received anything. I do not think that it’s fair for this to still show on my credit report and feel the collection manager is giving me the run around. Do I have any recourse?

Asked on May 24, 2012 under Bankruptcy Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have a few ways to file recourse. Keep in mind, however, that you have an obligation legally to mitigate your own damages, which means this should have been handled in 2007. The two courses are 1) sue the lawyer and 2) file a dispute with the credit reporting agency. The first is not recommended in this situation because the lawyer did not represent you and it should have been handled in 2007. The latter approach is the better approach. You simply call up your credit reports by ordering them online (you get 1 free a year from each agency) and then dispute it online. In the commments, explain you have proof of payment and all the communications you have had. That may help. Do the same thing with the court. File all the documentation yourself to show the debt has been satisfied.


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