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  1. #1
    Join Date
    May 2011

    Default Debtors Want Release from Abstract of Judgment

    My question involves judgment recovery in the State of: Texas

    I won judgment in Small Claims Court in 8/2001, which included court costs and interest. Debtors asked to make payments, I agreed. I filed an abstract of judgment, according to my checkbook register 12/2001. The debtors sent payment off and on. The last one received 5/2006. According to my records, the debt has not been satisfied. I just received summons to appear in regards to this matter. The debtors want to be released so they can liquidate assets. I now want the debt paid in full.

    When I appear in court how do I proceed?

    Obviously, there are complicated details between 2001 and now. I'm also wondering if those details will be questioned. More specifically, since I did not adamantly pursue the debt between 2006 and now, why would I want it settled now that I've been summoned to court?

    Thank you

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Debtors Want Release from Abstract of Judgment

    They claim that the debt is paid in full, but that you failed to file a satisfaction of judgment? And your records are spotty, reconstructed out of your check register?

  3. #3
    Join Date
    May 2011

    Default Re: Debtors Want Release from Abstract of Judgment

    Quote Quoting Mr. Knowitall
    View Post
    They claim that the debt is paid in full, but that you failed to file a satisfaction of judgment? And your records are spotty, reconstructed out of your check register?
    I don't think they claim the debt is paid in full (I haven't been told that). I honestly think they have no idea what they owe and just want out from under the lien. I was told they need to sell their business and house because he is having medical problems and needs treatment/surgery.

    Looking through my records (register and calendar datebook) last night, they are fairly detailed. With as much as I had going on then, it's a miracle my head didn't explode.

    I show three records of payments - one by register record ('02), two by xerox copies of the checks (2/06 & 5/06) that my dad kept track of since they were sent to the house. Dad said enclosed with the 2/06 check was a note asking for the balance. I never responded as I didn't have the exact information, though from recollection I knew it was short. I didn't want to just make up an amount. I was overseas at the time and it got put on the back burner and forgotten about.

    Between the time of court judgment 8/01 I moved several times:
    • 1/02 to university from community college
    • spring 04 graduated/got married and moved out of state (spouse is military)
    • 1/06 moved overseas on PCS orders
    • 2/09 returned from overseas

    I'm not proud that I lost track of the information but it wasn't out of malice that I did. Life went on and this got lost in the shuffle. I knew the abstract of judgement was valid for 10yrs. I was under the impression that it would just expire.

    I have my old bank account number and tomorrow I plan to call the Records Management dept for the detailed rundown. My calendar datebook shows the date I closed that account. I know the date I went to court. I'm also going to see if the new (married) bank account shows records from that time frame.

    I'm working to gather as much information as I can find to be accurate. The debtors had the exact information about this case as I did. I even sent them the amortization & payment chart we were following but they didn't stick to it. I can only show what I can show. They can bring their records as well. But if they're asking me for numbers, they're just as responsible. If the records show the amount paid does not equal the judgment plus interest, what is expected to be done?

    I suppose I am irritated I have to burn 52gal of diesel at $4.00/gal for the summons. What rubs me most is, this debt could have been paid by the gentleman that day immediately after court. He stood up and offered to write the check. I said that would be fine. Then his wife stood up and loudly proclaimed, "No!". They whispered between them then asked if they could make payments instead. Being that I'm not a monster, I agreed. We worked up an amortization chart and payment schedule. I sent one to them. I kept one. I also need to see if I sent one to the court to put with the file. This should have been over and done with that day. I brought it on myself by not getting back to them. That being the case, they won't be let off the hook for one penny they owe.

  4. #4
    Join Date
    May 2011

    Default Re: Debtors Want Release from Abstract of Judgment

    Also, I don't know if this is appropriate or not, but at the beginning of the week on Monday mom said a lady showed up at the house looking for my signature. Mom wasn't aware of anything so when the lady left mom called me. Well, the Judge's assistant not long after that got a hold of me and asked if I'd sign a letter to release the lien instead of her having to send a summons. It was this assistant who told me why the debtors wanted to sell. Not being anywhere near town I asked that she send me an email with the information. All week I never saw an email. Then Saturday Dad called me to say I got a letter from the Court. It was a summons.

    Is that appropriate for a Judge's assistant to be calling me and asking I release a lien?

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