A judicial foreclosure proceeding can be initiated at any time after default on a secured obligation or a judgment which constitutes a lien on real property. The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Motion for Satisfaction of Money Judgment by Judicial Sale
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Definition and meaning
A Motion for Satisfaction of Money Judgment by Judicial Sale is a legal request made by a plaintiff to enforce a court's money judgment through the sale of a defendant's property. This process involves legally auctioning the property in question to satisfy the debt owed by the defendant as determined by a prior court ruling. The motion must outline specifics about the judgment and the property to inform the court of the need for judicial sale.
How to complete the form
To complete the Motion for Satisfaction of Money Judgment by Judicial Sale, follow these steps:
- Fill in the court name, county, and state at the top of the motion.
- Provide the names of the plaintiff and defendant, along with the cause number.
- Include a clear description of the property up for sale, ensuring that you provide the complete street address and legal description.
- State the date of the original judgment and include the total amount owed, along with any applicable attorney fees and interest rates.
- Attach an affidavit verifying the ownership of the property and its nonexempt status.
- Sign the motion and include the printed name of your attorney, if applicable.
Key components of the form
The Motion for Satisfaction of Money Judgment by Judicial Sale includes several critical components:
- Court Information: The name of the court and county where the motion is being filed.
- Parties: Names of the plaintiff and defendant involved in the case.
- Property Description: Detailed information about the property subject to the sale.
- Judgment Details: Information regarding the judgment amount, fees, interest, and date it was rendered.
- Affidavit: A supporting document confirming ownership and the property’s nonexempt status.
- Legal Basis: Reference to the statute that allows for this motion and judicial sale.
Common mistakes to avoid when using this form
It is crucial to avoid the following common mistakes when completing the Motion for Satisfaction of Money Judgment by Judicial Sale:
- Failing to provide an accurate legal description of the property, which can delay the process.
- Neglecting to include all required amounts, such as attorney fees and interest, which can cause discrepancies.
- Not attaching the necessary affidavit verifying ownership or the nonexempt status of the property.
- Using outdated or incorrect court information, leading to potential rejections of the motion.
What documents you may need alongside this form
When filing a Motion for Satisfaction of Money Judgment by Judicial Sale, ensure you have the following documents prepared:
- Affidavit of Ownership: This document verifies property ownership and confirms it is not exempt from sale.
- Copies of the original judgment and any related court orders: These serve as proof of the debt owed.
- Any relevant correspondence with the defendant: This may help demonstrate attempts to resolve the matter prior to pursuing the sale.
Key takeaways
The Motion for Satisfaction of Money Judgment by Judicial Sale is an essential legal tool for enforcing financial judgments. Remember to:
- Accurately complete and review the form before submission.
- Attach all required documentation to support the motion.
- Be aware of deadlines and court schedules for hearings.
- Consult with a legal professional if you have questions or uncertainties about the process.
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FAQ
On the form, say that you want to have the court "Enter Satisfaction of Judgment." File your form with the clerk. The clerk may schedule a court date and let you and all other parties know. If the court is convinced that you have paid, the court will enter the satisfaction of judgment.
The defendant should ask for a letter confirming that the entire amount of the judgment has been paid. He or she may do so by sending a demand letter to the plaintiff. The release and satisfaction form is filed with the court clerk and entered into the case record.
A document signed by the party who is owed money under a court judgment (called the judgment creditor) stating that the full amount due on the judgment has been paid.
Judgments are no longer factored into credit scores, though they are still public record and can still impact your ability to qualify for credit or loans.You should pay legitimate judgments and dispute inaccurate judgments to ensure these do not affect your finances unduly.
You will need one original, notarized copy for the judgment debtor. If you recorded an abstract of judgment to place a lien against the debtor's real property, you will need an original, notarized copy of your Acknowledgment of Satisfaction of Judgment (EJ-100) for each county where you placed a lien.
Satisfied Judgments A satisfied judgment is the opposite of an unsatisfied judgment. It means that your debt is either paid or settled. While you may not have completely paid off your debt in full, you can satisfy a judgment by making a new payment plan and paying what you and the lender agreed on.
Once a judgment is paid, whether in installments or a lump sum, a judgment creditor (the person who won the case) must acknowledge that the judgment has been paid by filing a Satisfaction of Judgment form with the court clerk.
If the judgment creditor does not immediately file an Acknowledgement of Satisfaction of Judgment (EJ-100) when the judgment is satisfied, the judgment debtor may make a formal written demand for the creditor to do so. The judgment creditor has 15 days after receiving the debtor's request to serve the acknowledgement.