How do you remove an abstract of judgment from your title when all monies have been paid but the victim won’t file a satisfaction of judgment?

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How do you remove an abstract of judgment from your title when all monies have been paid but the victim won’t file a satisfaction of judgment?

The abstract of judgment was file in 04/04. There is a court minute order from 05/04 which states no more monies are owed on the case. When speaking with the Department of Revenue and Recovery they stated only the victim can remove the judgment but they are unwilling to do so. Is there a document I can file myself? Or am I stuck with this until the 10 year period if over?

Asked on December 9, 2010 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would absolutely not wait until 2014 if you are entitled to the filing of a satisfaction of judgement in the case.  I would speak with an attorney in your area on what your options are here.  It may be possible for you to bring a motion (a formal request before a Judge) to force him or her to file the necessary paperwork.  The court ha already acknowledged that the debt is paid.  They should have ordered him or her to file the necessary paperwork then.  I am very surprised that they did not.  You would bring the motion before the same court and under the same index or docket number for the matter.  And make sure that you have a certified copy of the minutes from the 5/04 court appearance that states that you have fulfilled the judgement.  Good luck.


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