QUESTION

Remove Judgement

Asked on Jan 14th, 2013 on Civil Litigation - Pennsylvania
More details to this question:
I had a judgement entered against me. I paid it off and the pay to line of the check was made payable to the attorney and to the person whom I owed the money too. They will not give me a satisfaction document.
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1 ANSWER

Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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42 Pa.C.S. § 8104  (2007), states the following: “(a) GENERAL RULE.-- A judgment creditor who has received satisfaction of any judgment in any tribunal of this Commonwealth shall, at the written request of the judgment debtor, or of anyone interested therein, and tender of the fee for entry of satisfaction, enter satisfaction in the office of the clerk of the court where such judgment is outstanding, which satisfaction shall forever discharge the judgment.” If they fail to do so, you can seek damages. “   (b) LIQUIDATED DAMAGES A judgment creditor who shall willfully or unreasonably fail without good cause or refuse for more than 90 days after written notice in the manner prescribed by general rules to comply with a request pursuant to subsection (a) shall pay to the judgment debtor as liquidated damages 1% of the original amount of the judgment for each month of delinquency beyond such 90 days, but not less than $ 250 nor more than $ 2,500. Such liquidated damages shall be recoverable pursuant to general rules, by supplementary proceedings in the matter in which the judgment was entered.”
Answered on Jan 16th, 2013 at 10:57 AM

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