Tuesday, January 1, 2008

How to Make Payments for a Summary Judgment in New Jersey

How to Make Payments for a Summary Judgment in New Jersey

When a civil suit in New Jersey results in a summary judgment for money, the losing party -- the defendant must pay the amount awarded to the winner, i.e. the plaintiff. Since judgments and payment thereof are public records that are reported to the credit bureaus, they can have a lasting effect on your credit record.

In the state of New Jersey, the defendant is normally expected to pay the plaintiff or her attorney directly. The plaintiff is required to provide the defendant with a "Warrant of Satisfaction" to be filed with the court as proof that the amount owed has been paid. This outcome stays on your credit record for seven years and is considered a negative factor. You can achieve a better outcome by having the judgment dismissed and completely removed from your credit record instead, but you will need the plaintiff's cooperation.

Instructions

The Satisfied Judgment

    1

    Meet with the plaintiff or his attorney and agree on terms for paying the amount owed.

    2

    Make the agreed-upon payment(s).

    3

    Obtain from the plaintiff a Warrant to Satisfy Judgment as proof that youve paid what you owed. The plaintiff is legally required to give this to you.

    4

    File the warrant with the Superior Court Clerk, and request a copy to use as proof that the judgment was paid, in case the credit bureaus don't update your credit report.

The Dismissed Judgment

    5

    Meet with the plaintiff or his attorney and negotiate an agreement that upon payment of the amount owed, the plaintiff will file a motion to have the judgment dismissed. Put the agreement in writing and have the plaintiff date and sign it and two copies. Keep one copy for yourself.

    6

    Pay the amount owed.

    7

    Have the plaintiff file a motion to vacate the judgment and dismiss the complaint on the grounds that the judgment has been satisfied.

    8

    The dismissal will be reported to the credit bureaus, but if the judgment has not been removed from your credit record in 45 days, send each bureau a copy of the your signed agreement with the plaintiff and ask that the judgment be removed from your record.

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