Messages

  I have an already prepared "Satisfaction of Judgment" from ex's Atty that I need to sign and have Notarized. One sentence needs to be omitted.

  1. Can I just black the sentence out with a marker and still have it notarized or do I need to type up or obtain a fresh one?

  2. If deletions are allowed do all parties just initial the crossed-out section?


Thanks Soc

 Trying to settle affairs on college support (tuition) owed CP in Missouri. I am ready and willing to pay in full within 2 weeks.

 CP has attorney, no motions currently filed (just 'nasty' letters), but they are threatening to go after an interest judgment (if I don't agree to pay more than I owe), which would require a judgment on amount owed (we have thus far 'agreed' to amount due and owing but no court has ordered or adjudged amount due).

 'CHILD' is emancipated.

  I found out that ex'es atty is a municipal judge for the city in which the judicial circuit court is located.

1. Can her attorney, being a judge, represent her in the circuit court if they choose to file a motion?

2. Would her atty have some preference or 'pull' in that circuit court being that said atty is a judge in the same town?

3. If either 1 or 2 are 'yes', can I do anything to disqualify or move case elsewhere?

 Trying to settle affairs on college support (tuition) owed CP in Missouri. I am ready and willing to pay in full within 2 weeks.

 CP has attorney, no motions currently filed (just 'nasty' letters), but they are threatening to go after an interest judgment (if I don't agree to pay more than I owe), which would require a judgment on amount owed (we have thus far 'agreed' to amount due and owing but no court has ordered or adjudged amount due).

 'CHILD' is emancipated.

  I found out that ex'es atty is a municipal judge for the city in which the judicial circuit court is located.

1. Can her attorney, being a judge, represent her in the circuit court if they choose to file a motion?

2. Would her atty have some preference or 'pull' in that circuit court being that said atty is a judge in the same town?

3. If either 1 or 2 are 'yes', can I do anything to disqualify or move case elsewhere?

                           October 01, 2006

From:    (ME)

To:   (HER LAWYER)


Re: (Me) vs. (Her)

Dear Ms. (Lawyer):

      I received your letter dated September 28, 2006. Please excuse my error, I have found that you are correct regarding the procedures for filing a "Satisfaction of Judgment".  Therefore, I find your proposal acceptable that all parties meet at the courthouse to exchange a certified check for a notarized "Satisfaction of Judgment".

      I state again that I do not currently have the ability to pay your client in full, nor the means to acquire said funds. I wish to settle this matter at the soonest possible date and that date will be in early to mid December as I stated in previous correspondence.

      If your client still wishes to file a motion for contempt that is her choice. I am sure you are aware that litigating this matter will take far longer than the timeframe I have set forth, and agreed, to pay your client in full. As there is also not yet a judgment for a clear, definable dollar amount we will first have to settle that matter through Discoveries and  Interrogatories etc.

      I also think you will find the court order silent and/or vague on the timeframe for reimbursement. I have been in constant negotiation and agreement to pay since the final billing from your client. I have also stated the date I will have the ability to pay, and as it is in the very near future it is reasonable. I feel you have a weak case proving willful and conscious disregard on my part to prove contempt. I also feel that your client choosing to take this matter before the court when a reasonable alternative exists will not likely result in an award for attorney's fees.

      I further wish to state that a lengthy and expensive litigation may compromise my ability to pay your client in full.

      The changes that I am requesting to the "Satisfaction of Judgment" are merely to correct omission of amounts previously paid to your client (changes underlined).

      



Paragraph (2), sub-paragraph 2 should state:

      Blah, blah, blah

Paragraph (2), sub-paragraph 3 should state:

      Blah, blah, blah


Paragraph (2), sub-paragraph 4 should state:

      blah, blah, blah
      

Please let me know how your client wishes to handle this matter.



      


                  Sincerely,



   (Me)

Dear Mr. (Me),

   I received your September 15 letter in an envelope postmarked September 27.

  It would be inappropriate for your payment to be made to a third party. A Satisfaction of Judgement is never signed by the judge; it is filed with the circuit clerk. If you wish to bring the Satisfaction of Judgement containing your notarized signature and meet me and Mrs. (her) at the courthouse, I can notarize her signature in return for the certified check. You can then file the Satisfaction of Judgement with the circuit clerk as soon as the check is received.

  You neglected to enclose any proposed changes, and I seriously doubt that any changes are necessary. Therefore, unless you provide my client with a certified check for $12,220.50 by October 8, 2006, as set forth above, Ms. (her) will file a Motion for Contempt, for which you would pay her atty. fees.

                            Sincerely, (Her Lawyer)

Note by me: Yes there are changes I need incorporated, none of which change the amount we agree as owed.  I informed her atty that I would forward those changes in seperate correspondence, a fact that they chose to ignore.  

Dear Soc,

  I was court-ordered to pay 60% of my daughters college. I made a few payments as I was able. I called the CP on the very day I received a certified letter with the final billing after my daughter graduated. I have been cooperative from that date forward.

  She obtained a lawyer over my filing to stop child support after emancipation. Of course she then discussed the money I still owed for college.

  We agreed on an amount owed, then her lawyer goofed around forever in writing up the "Satisfaction of Judgement". I wrote back that I had no dispute with the amount we agreed upon (there is no judgement for a set dollar amount) but I had just paid off a 401k loan and would have to wait 60 days (that's the rules) before I could take out another loan for $12K+ to pay off my ex (her client).

  Today I get a NASTY letter stating that I have until Oct. 8th to pay her client in full or they are going to file a contempt motion and I will also have to pay her atty. fees. I wouldn't think they could win atty fees since we have all been in agreement (of sorts) to settle this matter.

  Frankly, it seems like 'scare tactics' to me. Litigation will take even longer than the 60 day wait I had informed them of. Plus, as I stated there is not even a clear concise 'judgement' for a set dollar amount.


  1. Would we not have to litigate the actual amount owed through discoveries, interrogatories etc. before they could successfully file CONTEMPT? (She included all sorts of ridiculous expenses she TRIED to bill me for that weren't under court order).

  2. This really is the only way I can get my hands on $12k, are they just bullying me?

  3. I also proposed that the money be held in trust or escrow with a third party (sheriff's dept or circuit clerk) until the judge signs the "Satisfaction of Judgement". They responded that a judge NEVER signs a S.O.J., that it is merely filed with the clerk. Bologna or the truth?

  4. How can I respond to this threatening letter in an effective manner?

  5. I might not be as willing to pay it in one lump sum if we have to litigate the matter, leaving them the option to get it SLOWLY through wage garnishment. How can I convey that without sounding like I am blackmailing someone? (You know, put it nicely, no longer agree to pay it up front)?


 Thanks Soc, hoping to hear from you soon.

>
>See, this is what happens when you don't tell me the actual
>facts of your case. I'm speculating about possible outcomes
>rather than giving you a definitive interpretation (which may
>also have options, but fewer ones for certain).
>


   Sorry Soc, guess it was discussed in prior post, should've refreshed you.


    Obligee is entitled to all child support and arrearage, i.e. no state aid ever provided. Obligee turns case over to DCSE for enforcement. Arrearages over $20K.

    Obligee assumes interest will "automatically accrue" per para. 4.

    DCSE says obligee must obtain judgement for interest.

    This means obligee must file a new motion, lets says annually, with the court to get new judgement for subsequent interest accrued since last date of judgement.

     Seems to be a very cumbersome method when you consider the multitude of Obligees with arrearages due them, and a hell of a clog on the court system.



     1. That being said, then DCSE is correct in their interpretation that obligee return to the court for each new judgement of interest, and nothing will accrue "automatically" after that?

Soc,

  Would like your opinion again. Brought this issue up recently on your forum. State is Missouri. DCSE's policy is that you must file motion with circuit clerk, obtain summary judgement etc.....

To summaraize:

Paragraph 4 mentions automatic accrual etc......

Paragraph 5 is what I believe they are interpreting to force each individual to periodically obtain judgements.


      1. Do Para. 4 and Para. 5 conflict?

      2. Also, para. 5 states no affadavit of payment history required when division acting as trustee etc...  Who then will calculate the interest when DCSE says its not their job?

       3. Illinois has a sililiar statute that seems more clearly defined and they refer to "12-109 Code of Civil Procedure", "to comply with Federal Law", Doesn't Missouri have to comply with the same law?



Next para relates to question 3:

Interest on child support. PA 94-90, effective January 1, 2006, amends all child support statutes to provide a complicated formula to calculate on a monthly basis simple interest on child support arrearages to comply with federal law.




Remainder of text relates to questions 1 and 2:

RSMo 454.520.

3. All delinquent child support and maintenance payments which accrue based upon judgments of courts of this state entered on or after September 1, 1982, shall draw interest at the rate of one percent per month.

4. The interest imposed pursuant to subsections 1 to 3 of this section shall be simple interest. Interest shall accrue at the close of the business day on the last day of each month and shall be calculated by multiplying the total arrearage existing at the end of the day, less the amount of that month's installments, by the applicable rate of interest. The total amount of interest collectible is the sum of the interest which has accrued on the last day of each month following the first delinquent payment. This interest computation method shall apply to all support and maintenance orders, regardless of the frequency of the installments required by the court. If the order does not specify the date on which support or maintenance payments are to begin, it shall be assumed that the first installment was due on the date the order was entered, and subsequent installments fall due on the same day of the week, or date of the month, as is appropriate. Payments which were to begin on the twenty-ninth, thirtieth or thirty-first of any month shall be deemed due on the last day of any month not containing such date. The interest imposed pursuant to this section shall automatically accrue and attach to the underlying support or maintenance judgment or order, and may be collected together with the arrearage, except that no payment or collection shall be construed to be interest until the entire support arrearage has been satisfied. Such interest shall be considered support or maintenance for the purposes of exemptions, restrictions on amounts which may be recovered by garnishment, and nondischargeability in bankruptcy.

5. As a condition precedent to execution for interest on delinquent child support or maintenance payments, the obligee shall present to the circuit clerk a sworn affidavit setting forth the payment history of the obligor under the judgment or order, together with a statement which details the computation of the interest claimed to be due and owing; except, that the payment history affidavit shall not be required for periods during which the clerk is acting as trustee pursuant to section 452.345, RSMo, or the division is acting as trustee pursuant to this chapter or any other provision of the laws of this state. It shall not be the responsibility of the circuit clerk to compute the interest due and owing. The payment history affidavit and statement of interest shall be entered in the case record by the circuit clerk. If the obligor disputes the payment history as sworn to by the obligee, or the interest claimed, the obligor may petition the court for a determination. The court shall hold a hearing and shall make such a determination prior to the return date of the execution, or if this is not possible, the court shall direct the sheriff to pay the proceeds of the execution into the court pending such determination. If the determination as made by the court is inconsistent with the payment history affidavit of the obligee, or the interest claimed, the amount of the execution shall be so amended.

Will probably ask my daughter for Affadavit also, though did not want to involve her. But, three simple statements, should be painless enough.



As always, Thank you, thank you, thank you!!!!!!!!!

 I did not attach anything (OOPS), thought I could present it at the hearing and that Respondent surely could not contest that the child graduated college.


   1. Should I Title the filing "Supplemental Declaration" or "Supplemental Declaration in Support of Request for Hearing"?

   2. Do I also mail a copy of declaration and "evidence" to Respondent?

   3. All I can provide without asking my daughter for an affadavit (which she would provide, but wish to keep her out of it) is the invitation to her graduation sent to me by her, an email telling everyone of her new address out-of-state, and of course, the Commencement Program from the ceremony that lists my daughter as having received her degree. Is this adequate?

   4. I expect other party to admit that daughter graduated college, is now living out of state and has obtained a full time job. Does this help being only an admission, if evidence is not filed ahead of time?