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EbayBob

Member
What is the name of your state? Indiana

I recently won my small claims case against my neighbor, and was awarded $2423.00 + 8% annual interest, and now I have the task of trying to collect(assuming they wont just pay on their own).

Obviously I would like the money, but dont really need it, and trying to understand the motivation for even trying to go after it anytime soon if they are losing 8% interest on it each day, and especially with him being my neighbor where I see them everyday and can pretty much figure out when he is with or without a job. Plus, it's my understanding in Indiana(according to the Small Claims Booklet), the judgement already put a lien on his house, so if he wanted to move/sell it I would get my money/interest, so what is my motivation to really go after it anytime soon? I understand the lien expires after 10 years, but easilly renewed another 10 years, but is there something else I am missing that would expire, or I need to tend to, or be aware of? Does the judgement have an expiration on it?

Thanks ahead of time.
 


seniorjudge

Senior Member
IC 33-34-3-14
Judgments; lien on real estate
Sec. 14. (a) All judgments rendered in civil actions may be recorded in the judgment docket book of the proper division of the small claims court.
(b) A judgment entered by a small claims court is a lien on real estate when entered in the circuit court judgment docket in the same manner as a judgment in a court of general jurisdiction becomes a lien on real estate under IC 34-55-9.
(c) The clerk of the small claims court shall keep a docket in which judgments shall be entered and properly indexed in the name of the judgment defendant as judgments of circuit courts are entered and indexed.

http://www.in.gov/legislative/ic/code/title33/ar34/ch3.html

Google is your friend....
 

EbayBob

Member
Thanks senior judge.....that seems to be in line with what the Small Claims Booklet stated. I also found this from the link you sent, which seems to indicate a 20 year expiration.....

IC 34-11-2-12
Satisfaction of judgment after expiration of 20 years
Sec. 12. Every judgment and decree of any court of record of the United States, of Indiana, or of any other state shall be considered satisfied after the expiration of twenty (20) years.

So does this mean I could sit on this for 20 years, and do nothing, and go after the money 15 - 20 years later?

Now apparently the lien expires.....The Small Claims Booklet I got states that the lien would have to be extended after 10years. Here's what it says**************

Once the judgment is recorded, the judgment lien exists for a period of ten (10) years. At the end of the ten year period from its entry, the lien against real property will expire. However, the lien can be extended for another ten year period by bringing an action on a judgment within the ten year statute of limitations.
 

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