My question involves judgment recovery in the State of: new york.
default judgement against husband. we then went to court, judge ruled in our favor, we had already overpaid judgement. creditor ordered by judge to give us satisfaction and return money over paid.
both parties sign general release: their responsibilty is to file release/satisfaction, and pay me 1.00. my responsibility is to drop the matter/do not pursue my counter claim.
4 years later, we discover papers are never filed.
records at court not updated: technically this judgement still stands as valid. possibility court file is incomplete, with decision/documents missing.
creditor does not aknowledge judges decision, claims it does not exist.
in theory, this should be as simple as taking my decision back to the court and having records "updated"?
however, due to their breach of contract (general release), i am no longer bound by the terms of that general release? i can now pursue a lawsuit against them?
and if so, what damages can i claim? this judgement has affected our credit, i was denied a mortgage due specifically to this judgement issue. our car payment is double what it should be, due to this. can i sue for monatary damages?