Alden, NY asked in Civil Litigation for New York

Q: I now have a civil execution against me for non payment of a lawsuit that was paid what do I do?

I was ordered a year ago to pay a total of $435 directly to the creditor, I paid that over 3 checks, 2 were cashed totaling $235 the 3rd was never cashed, now the creditor has gotten a civil execution from the sheriffs for the full amount of $435 + fees. The sheriffs saying nothing they can do even though I have proof of the 2 checks cashed that I have to take it up with the creditor and have her change the execution amount. She refuses to speak to me. Now what do I do?

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1 Lawyer Answer

A: Although a pain in the butt for a small amount, you have to make a motion to have the judgment deemed satisfied. In theory, the creditor has to pay your fees, as you paid the judgment.

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