A judgment is an official entry entered on a court's docket that signifies that a plaintiff has prevailed in his civil action against a defendant. The judgment will usually name the parties and the amount of damages awarded to the plaintiff. Once the court issues the judgment, the plaintiff is characterized as the judgment creditor and the defendant, the judgment debtor. California, like other states, has established a maximum period of time within which a judgment creditor can enforce his damages award against a judgment debtor.
Statute of Limitations for Filing Lawsuits Distinguished
The statutory limitations period on the validity of judgments should be distinguished from the statute of limitations period within which lawsuits must be filed in court. California specifies a certain period of time within which civil actions must be filed in court. The period of time is established by statute and varies for each distinct legal cause of action, e.g., breach of contract, fraud or negligence. Any civil action that is filed outside the designated statute of limitations period is characterized as "time-barred," and upon request of the defendant, it must be dismissed by the court.
California Period for Enforcing Judgments
Pursuant to 683.020 of the California Code of Civil Procedure, a judgment creditor has a maximum period of 10 years within which to enforce or collect on his judgment for damages against a judgment debtor. A judgment creditor can utilize various post-judgment collection procedures authorized by California law in order to obtain satisfaction for his monetary judgment. These include garnishing a debtor's wages, placing a lien on his real property or attaching his assets.
Renewal of Judgment
California Code of Civil Procedure 683.110-683.220 allows a judgment creditor to renew his judgment for a period of 10 years by filing an application for renewal in the court that issued the original judgment. Once the application for renewal is filed in court, the enforceability of the judgment is automatically extended for an additional 10-year period. The dollar amount of the renewal judgment will be adjusted by the court to reflect any payments remitted by a judgment debtor to the judgment creditor since the judgment was originally issued.
Effects
In accordance with 683.020 of the California Code of Civil Procedure, should a judgment creditor fail to properly renew his judgment, all post-judgment collection procedures previously authorized by a court must cease. Upon the expiration of the 10-year limitations period, any existing writs of garnishment, liens against real property or attachments against a judgment debtor's personal assets are extinguished.
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