How to check the balance due on a judgment
On April 10, 2019 by Eric Klein
Determining how much you owe on a judgment can be difficult. Maybe they garnished your bank account several years ago and you cannot remember how much they took. Maybe you made a few payments, but something else took priority. Now things are better and you want to clear out old debt. Understanding your finances requires finding out how much you owe on that old judgment. Meeting with an experienced debt settlement attorney with Klein Law Group is the first step to getting back in control.
Florida law has procedures to help you determine the balance due on an unpaid judgment. If the creditor filed a judgment lien with the Florida Division of Corporations, then they are required to provide you with certain documentation. First you must send the creditor a letter demanding the lien be fully or partially released. For example, you might state $100 (this can be an estimate) has been paid and they must file notice their judgment lien is reduced by $100. Within thirty days of receiving your written demand, the creditor must provide you with a written statement indicating there is no longer a claim of lien on your personal property or the lien is partially released. If the lien is only partially released, then the creditor must also state the amount of the lien remaining unpaid.
You may be in a situation where the judgment has been sold or transferred multiple times. This can be confusing and you might ask: How do I find the real creditor? You might want to avoid being scammed out of additional payments from someone fraudulently claiming you owe them money. Fortunately, the release or partial release of lien must be accompanied by a separate written acknowledgment of assignment signed by the judgment creditor of record. For example, if the court documents state that you owe $100 to Wells Fargo but you receive a partial release of lien from Midland Funding claiming you still owe $50, the release must also include an acknowledgment signed by Wells Fargo stating the debt was assigned to Midland Funding.
If the creditor fails to deliver the statement within thirty days, then they are automatically liable to you for $100, reasonable attorneys’ fees, and actual or consequential damages. This is a powerful tool you can use to get out of debt. The lawyers with Klein Law Group are experienced at using all facets of the law to protect clients from creditors. Working together, we can identify the real creditor and determine how much, if anything is owed.