Can I Reinstate a Civil Judgment After 10 Years?

Each state establishes its own limitations period within which a civil judgment may be enforced. Many states permit a judgment creditor to renew his judgment prior to the date on which the original judgment expires.

Judgment Creditor Status

A judgment creditor is afforded an opportunity to enforce his judgment by commencing court-approved post judgment procedures. In most states, these include garnishing the wages of a debtor, attaching his assets and placing a lien on his real property.

Statute of Limitations Period

Each jurisdiction establishes a maximum period for the enforcement of judgments. A judgment creditor must attempt to collect on his judgment prior to the expiration of the designated statute of limitations period. Once the limitations period ends, the judgment has no further force and effect. The statute of limitations period for judgments varies by state. For example, in Florida, the statute of limitations period for judgments is 20 years, in Iowa, it is six years. The limitations period begins on the date the original judgment was issued by the court.

Renewal of Judgment

Most states permit a judgment creditor to renew his judgment prior to date on which the original judgment expires. The renewal process resets the statute of limitations clock that commences on the date the court issues the renewal or new judgment. Many states permit multiple renewal periods.

Procedures

In most jurisdictions, a judgment creditor who wishes to renew his judgment must file an application with the court that issued the judgment prior to the date on which the original judgment expires. Most states require the judgment creditor to submit an affidavit that states the amount of the original balance, the amount paid on the judgment balance by the judgment debtor, and the balance remaining. The court will issue a new judgment in the amount of the remaining balance due on the judgment and will note, if provided for by statute, the interest rate payable on the judgment balance.

Considerations

Once the statute of limitations period for enforcing judgments has expired, all writs of garnishment, any attachment orders as well as liens are automatically dissolved. If the judgment creditor wishes to continue with collection efforts, it is incumbent upon him to insure that the original judgment is renewed prior to the date on which the statute of limitations runs.