George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
This guide is all about how to file a motion to satisfy judgment in Utah. When you’ve entered into a stipulated
payment plan and then finally paid the whole thing off, you want to get a certificate of satisfaction that shows the
debt is resolved. You do this by filing a Motion to Satisfy Judgment.
To file a Motion to Satisfy Judgment you actually need to file three separate documents. (Warning: the names of these
documents are intimidating.)
To get started, click on the link for each document. Then fill out each form by either printing them and writing on
them with pen or by filling them out digitally with a PDF editor. Once they are filled out, mail one copy to the
plaintiff’s attorney and one to the court. Be sure to follow these
rules.
Good luck.
Also, take advantage of these additional tips and answers.
Keep awesome records
Maintaining good records is very important because during a conflict only the documentation will be 100% honest.
Memory cannot be relied on to settle important matters. For example, if there is a question about who owes what for
a judgment, only the records will show who is truly accountable. Although it might seem tedious, it is extremely
important to keep up to date records of transactions, both legal and otherwise.
Both the court and the parties involved should have documentation of the transactions. This documentation should be
related to all transactions and anything related to the judgment. Parties should also keep documentation of any
payments or charges that occur for the duration of the issue. Both parties should keep the receipts in the following
cases: attorney fees, fee to apply for a writ of garnishment, fee to apply for a writ of execution, fee to serve the
writ, fee paid to a garnishee, any payment by the insurance company, wages or other money are withheld from the
debtor by the garnishee, creditor receives proceeds of a sheriff’s sale, or the debtor forfeits bail to the
creditor.
It is better to be safe than sorry and keep all legal and financial documentation surrounding an event when there is
even the slightest chance of a legal issue.
If a creditor wants to renew a judgment, they need to prove the amount that is still due. On the other hand, if a
debtor wants a ruling that the debt is satisfied, they must prove the debt is fully paid. Rest assured that the
creditor will fight the debtor on this point. Written records are a debtors best friend when it comes time to prove
a debt is paid.
Judgment debts are subject to interest. So, if you lose your lawsuit and now owe money, the amount you owe is subject
to interest.
A post judgment interest rate is a rate that is established before the judgment that will only be applied following
the judgment. This interest rate will be applied for the remainder of the life of the judgment, including after
renewal. Depending on the case, certain civil judgments can carry a higher percent rate than the federal interest
rate at the time of the judgment.
According to Utah Code, the rate that is agreed upon at the beginning of the case is the rate that will be observed
for the duration of the case and judgment even if the federal rate varies during that time. An order renewing the
judgment is a different judgment all together and holds its own rules. The post-judgment interest for the renewed
judgment is determined by the current interest rate for that given year. The only time that this rule is not
effective is when there is a pre-existing contract, or a contract is created that specifies a different rate.
What does satisfaction of a debt mean?
Satisfaction of a judgment means that all debts have been paid or resolved by the debtor. These debts may include the
judgment amount, all fees associated with the judgment amount, costs and interest, and any other pending fees or
costs.
Satisfaction of a judgment means that the judgment is over and a solution has been found and fulfilled. When a
judgment is satisfied, it means that the court no longer has an obligation to control the parties.
Another option is called a partial satisfaction. This is less common, but means that only a part of the judgment has
been fulfilled.
There are two ways that a satisfaction of a judgment can be recorded. The two ways are an acknowledgement by the
creditor or a motion by the debtor.
What’s an acknowledgement of satisfaction by the creditor?
An acknowledgement of satisfaction by the creditor is one of the two ways to record a satisfaction of judgment with
the court. An acknowledgement of satisfaction by the creditor involves filing an acknowledgment of satisfaction in
the appropriate court as well as giving a copy of the document to the debtor. An acknowledgment of satisfaction by
the creditor lets the court know that the debt has been settled and that the case is closed. If the creditor party
has reassigned the judgment, the assignee is responsible for the collection of the debt as well as the
acknowledgment of satisfaction.
What is a motion for satisfaction by the debtor?
Another option that signifies the satisfaction of a judgment is the motion for satisfaction by the debtor. In this
case, the debtor submits to the court that the debt has been satisfied. Because the debtor is the party responsible
for paying the debt, some proof is required. In addition, the court provides the opportunity for the creditor to
respond. The filing is the same as the acknowledgement of satisfaction by the creditor. Both parties and the court
need a copy of the motion before it can be successfully recorded.
How to get a Certificate of Satisfaction
The day you get to file a Certificate of Satisfaction is a good day. It shows that your debt is all paid off and
resolved. It must then be presented in the appropriate court. If a judgment has been filed in any other courts than
the primary court, proof of satisfaction must be presented to them as well.
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