Lawyer will not return execution.

[pmarc]

Jurisdiction

Massachusetts

I paid off a creditor but their law firm / collection agency does not cooperate. I need them to return an execution placed as a lien on my house. Plan to sell soon.

QUESTION: IS IT REQUIRED BY LAW to return the execution when a debt is paid? I paid it directly to creditor. The collections lawyer was not involved. (The receipt for payment was not notarized - creditor is out of state - but I have the receipt).

If it is unlawful to hold the execution then I assume my first step is to send the agency a certified letter. If no reply I'll get them into court. Is this generally correct?

 

[adjusterjack]

You should have paid it directly to the collection lawyer in exchange for a release of the lien.

Paying the creditor direct was a bad move. I don't know what you need to do now.

 

[pmarc]

You should have paid it directly to the collection lawyer in exchange for a release of the lien.

Paying the creditor direct was a bad move. I don't know what you need to do now.

But there's no law about which party to pay, is there? I'm guessing there is a law requiring return of the execution. Just a guess. Makes things simple if there is.

 

[adjusterjack]

But there's no law about which party to pay, is there?

No, but paying the wrong party risks the trouble that you find yourself in now.

I'm guessing there is a law requiring return of the execution.

True.

But that doesn't help you if the money went to the wrong place.

So tell me, why did you pay the creditor instead of the collection agency since it was the collection agency that put the lien on your house?

 

[pmarc]

I like negotiating directly. I wonder how I have trouble - other than spending time narrowing my options - if the law is on my side.

 

[dee_dub]

If it is unlawful to hold the execution then I assume my first step is to send the agency a certified letter. If no reply I'll get them into court. Is this generally correct?

Yes, that's generally correct. If it's paid, they can't continue to hold the execution. Send the letter both to the creditor and to the lawyer and tell them that if you're required to go to court to get it released, you'll be seeking costs against them.

 

[Disabled Vet]

The reason they some times hold the release letter is simple. If you settled the debt for a lesser amount. Then failed to get that lesser amount in writing. Now they are waiting for you to contact them again so they can inform you remaining balance.

 

[army judge]

The reason they some times hold the release letter is simple. If you settled the debt for a lesser amount. Then failed to get that lesser amount in writing. Now they are waiting for you to contact them again so they can inform you remaining balance.

This information is genius. This answer is simple. This analysis is spot on, and should be heeded.