Re: What to do?

Posted by poor lawyer (24.88.34.92) on August 11, 2002 at 15:17:21:

In Reply to: What to do? posted by Rick on August 11, 2002 at 13:37:30:

As to settling the claim: I am assuming the creditor is a corporation or some other entity other than an individual or a true partnership. Even if the corporation (or LLC or whatever) "went out of business," it still exists as a legal entity, for it will ALWAYS exist unless the state of its incorporation specifically says otherwise (or if the corps Articles of Incorporation or an amendment therto says that it ends its existence on a certain date, but then it would have to have an "heir" or assignee who could enforce the judgment). Since the corporation as a plaintiff has a judgment against you, it and only it can use that judgment to collect against you. The attorney is right in that he could face stiff consequences in settling the claim for an out of business company. Even if he could accept payment, he couldn't file a "Satisfaction of Judgment" since he has no client to sign and execute the satisfaction. If you really want to pay the money, contact the clerk of court for the court where the judgment was rendered and ask if you can pay the money into the court and get a satsifaction of judgment on the record.

Were you ever served with the summons and complaint for this judgment? If not, you may want to consult with an attorney to see if the corporation properly served you, whether through publication, service on last known address, etc. You could, with the help of an attorney, file a Motion to "Quash" the service. If succesful, this would wipe the judgment off the books. And since the corporation is out of business, it would be extremely unlikely that they would challenge the Motion. (no attorney would do the work to challenge it if their client is out of business and is not paying their fees)

So, either contact the clerk of court to see if you can pay the money into the court, or contact a lawyer to look into getting the judgment off the books if you think that is a possibility.

poor lawyer, esq.

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