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Old 10-07-2018, 03:09 PM   #1
Cati77
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Default Accepting 50% of a court judgment

If I agree to accept half the amount of a small claims judgment that I won, do I need to do anything or file anything saying I accepted half?

Or is that issue really one for the defendant that is paying me.

Thanks!
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Old 10-07-2018, 03:47 PM   #2
Highwayman
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Default Re: Accepting 50% of a court judgment

Why are you accepting only half of what a court awarded you?
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Old 10-07-2018, 04:28 PM   #3
Sullivan
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Default Re: Accepting 50% of a court judgment

That's not the question they asked.
(There are many people that accept partial payments for dozens of reasons.)
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Old 10-07-2018, 07:33 PM   #4
adjusterjack
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Default Re: Accepting 50% of a court judgment

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Originally Posted by Cati77 View Post
If I agree to accept half the amount of a small claims judgment that I won, do I need to do anything or file anything saying I accepted half?

Or is that issue really one for the defendant that is paying me.

Thanks!
If you are accepting half and waiving the rest then it is you who have to sign and file a Satisfaction of Judgment.

Your local court website may have a form for that. If not you can probably find a generic one online with a google search, and modify it with your court and case information.
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Old 10-08-2018, 09:08 AM   #5
Wenton2
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Default Re: Accepting 50% of a court judgment

The judgment debtor owes you the full amount plus interest.

If you agree to accept half then the debtor is the one technically still on the hook if you don't sign anything. You are not required to do anything yourself.

The debtor is the one that normally wants you to sign something saying the judgment has been satisfied. And it would be the right thing to do if indeed you are accepting 50% in full satisfaction of the judgment.
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Old 10-08-2018, 11:15 PM   #6
Lexus
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Default Re: Accepting 50% of a court judgment

It is the responsibility of the defendant to intimate the court that the plaintiff accepts half of the judgment amount. To avoid future dispute defendant is required to inform the court regarding the payment.
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Old 10-09-2018, 01:43 PM   #7
adjusterjack
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Default Re: Accepting 50% of a court judgment

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It is the responsibility of the defendant to intimate the court that the plaintiff accepts half of the judgment amount. To avoid future dispute defendant is required to inform the court regarding the payment.
Another 100% wrong answer from Lexus.

Rules of Civil Procedure require the Plaintiff to file the Satisfaction of Judgment.

A Defendant filing it means nothing without the signature of the Plaintiff who accepted the settlement.
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Old 10-09-2018, 07:03 PM   #8
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Default Re: Accepting 50% of a court judgment

Yeah but the D is the one that has to push the issue. And arguably do the doc,

P doesn't care...
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Old 10-10-2018, 12:39 AM   #9
adjusterjack
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Default Re: Accepting 50% of a court judgment

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Yeah but the D is the one that has to push the issue. And arguably do the doc,

P doesn't care...
Yes, that could be a scenario. In which case D holds the money in one hand and slides the document over to P with the other and gets a signature before handing over the money.
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Old 10-10-2018, 09:27 PM   #10
Highwayman
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Default Re: Accepting 50% of a court judgment

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Another 100% wrong answer from Lexus.
What else is new?
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