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|12-03-2012, 05:30 PM||#1 (permalink)|
Join Date: Nov 2012
Small Claims Judgment Got Double-Paid - Now What?
I'm in an interesting situation now with collecting on my small-claims judgment. Here are the facts:
0) The judgment is for $1,650 principal + $90 court costs, plus the post-judgment costs and interest
1) On November 2, 2012, a bank levy is served on the debtors' financial institution
2) On November 20, 2012, one of the debtors pays me $600 voluntarily by check
3) On November 27, 2012, I find out from the debtor's financial institution's levy department that they sent Sheriff a check on 11/20/2012
4) On November 30, 2012, I find out from the Sheriff that they got a check on 11/30/12 for $1,752.16
5) On December 2, 2012, I find out from the judgment debtor that paid me $600 earlier that he and his ex-spouse (she's the other judgment debtor) met in court on 11/30/2012 through a court-appointed mediator, filled out form SC-145 (Request to Pay Judgment to Court) and paid the remaining amount of $1,342.71 (after $600 is subtracted and court costs declared so far on MC-012's plus interest are added) directly to the court, and the court entered a full satisfaction of judgment.
So now here I am: I got $600 on 11/20/2012, the Sheriff got $1,752.16 on 11/30/2012 and is holding it for 21 days before disbursement, and the court got $1,342.71 on 11/30/2012 and entered a full satisfaction of judgment.
Question 1: The court's full satisfaction of judgment on form SC-145 does not take into account the costs I spent on the bank levy ($140) and the costs I spent on recording the amended abstract of judgment ($35) that haven't yet been included on an MC-012. When I tried to look up the law governing form SC-145, I didn't find any references to any California Civil Code section whatsoever on the form itself (in the lower left-hand corner) nor online. Is there any recourse when the court does not include all costs on SC-145 (e.g. those not yet declared on an MC-012) and enters a full satisfaction of judgment based on that incomplete information? If there is recourse, what is it?
Question 2: What is or are the statute(s) of California Law governing the use of SC-145 by judgment debtors to immediately achieve full satisfaction of judgment?
Question 3: What's going to happen now to the money the Sheriff has got? If it is disbursed to me, may I take from that money the costs I spent on the bank levy, to cover them, since the levy was done under a writ of execution that allows such satisfaction of costs from the funds levied?
An unusual situation, to say the least. Any constructive advice would be very much appreciated.
|pay judgment to court, post-judgment costs, request to pay judgment, satisfaction of judgment, sc-145|