The Connecticut Appellate Court in 2018 had the opportunity to consider when a judgment is satisfied. COYLE CRETE, LLC v. KATHLEEN NEVINS (AC 33332) Gruendel, Beach and Sheldon, Js. Argued April 25—officially released August 21, 2012
A ‘‘court may, on motion and satisfactory proof that a judgment has been paid and satisfied in whole or in part by the act of the parties thereto, order it discharged and canceled of record, to the extent of the payment or satisfaction’’); 47 Am. Jur. 2d 382, Judgments § 804 (2006)
Practice Book § 6-5 provides in relevant part that ‘‘[w]hen the judgment is satisfied in a civil action, the party recovering the judgment shall file written notice thereof with the clerk, who shall endorse judgment satisfied on the judgment file . . . . The judicial authority may, upon motion, make a determination that the judgment has been satisfied.’’
‘‘A satisfaction of judgment is the discharge of an obligation under a judgment by payment of the amount due.’’ 47 Am. Jur. 2d, supra, § 804, p. 382. ‘‘The satisfaction of a judgment refers to compliance with or fulfillment of the mandate thereof. . . . There is realistically no substantial difference between the words paid and satisfied in the judgment context.’’ (Citation omitted; internal quotation marks omitted.) Mazziotti v. Allstate Ins. Co., 240 Conn. 799, 807, 695 A.2d 1010 (1997). A determination that a judgment has been satisfied ‘‘operates to extinguish [the judgment] for all purposes . . . . It is absolutely determinative of the rights of the parties . . . . Further proceedings may not commence upon a judgment which has been satisfied . . . .’’ 50 C.J.S. supra, § 909, p. 225. ‘‘Where a judgment creditor has received actual payment of the judgment or any equivalent therefor . . . but [the judgment creditor] refuses to acknowledge or enter satisfaction, the court having control of the judgment may . . . order satisfaction to be entered officially.’’ (Emphasis added.) Id., § 911, p. 228
In light of the foregoing, we conclude that the following issues are prerequisites to the rendering of a determination by the court that a money judgment has been satisfied. First, the judgment creditor must have obtained a valid money judgment against the judgment debtor. Second, the judgment debtor must have paid the amount of that judgment. In so doing, the court must find that the judgment debtor either made actual payment to the judgment creditor or a payment equivalent thereto.
Several Items to take from this decision
- A motion can be filed by a defendant to have the court determine that a judgment is satisfied.
- The judgment has to be for “money.”
- The judgment debtor has to make the payment.
- The court talks about actual payment or an equivalent therefor.
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