tazzmania said:
Can someone explain the procedure on reviving a judgment that's over 5 yrs old yet younger than 20 yrs.
THANX!!!
My response:
Since you failed to give us your State name, you get California law, which will probably be of little help to you. But, it's basically the same in most States, so the following should give you a flavor of what is expected of a judgment creditors. However, the question was good, and the answer might assist someone in California.
Unless renewed as provided below, a money judgment or judgment for possession or sale generally may not be enforced after 10 years from the date of its entry (or 10 years from the date each installment comes due on an installment judgment). Upon expiration of the 10-year period, all enforcement procedures must cease; any liens based upon the judgment are automatically extinguished. [Ca Civ Pro §§ 683.020, 683.030]
No extensions: The enforcement period is not extended by any period of time the judgment debtor was out of state, or enforcement of the judgment was stayed or enjoined. [16 Cal.L.Rev.Comm'n Rep. 1208 (1982)]
Family Code judgments, money judgments against public entities, bail bond forfeiture judgments, specified judgments for fines and restitution, and student loan judgments--are not subject to the 10-year rule (above). [See Ca Civ Pro §§ 683.310, 683.320; Ca Penal §§ 1214(d), 1306(e); 20 USCA § 1091a(a); see also 16 Cal.L.Rev. Comm'n Rep. 1208 (1982); United States v. Phillips (9th Cir. 1994) 20 F.3d 1005, 1007--no time limit for enforcing money judgment on student loan]
An enforceable judgment may be renewed in accordance with the procedures described below. Compliance automatically renews the judgment for a period of 10 years from the date the application to renew is filed. [Ca Civ Pro §§ 683.120(b), 683.150(a)]
Bankruptcy limitations:
(a) Automatic stay in bankruptcy: During the pendency of a judgment debtor's bankruptcy case, creditors may have to obtain relief from the automatic stay before filing a renewal application.
(b) Discharge in bankruptcy: Moreover, a renewal may not be filed if the judgment has been discharged in bankruptcy (except where the judgment must be renewed in order to extend the duration of a valid prepetition property judgment lien. [See 11 USCA § 524(a)(1)--discharge generally voids any judgment based on discharged debt]
(2) Compare--money judgments against public entities: The EJL judgment renewal provisions do not apply to money judgments against the state, a state agency or a local public entity (other than the Regents of the University of California). [Ca Civ Pro § 683.320; Ca Govt §§ 965.5, 969.9, 970, 970.1]
(3) Compare--support judgments: Child, spousal and family support judgments (including judgments for support reimbursement or other arrearages) are exempt from any renewal requirements. These judgments, including all lawful interest and penalties computed thereon, are enforceable until paid in full. [Ca Fam § 4502; Ca Civ Pro §§ 683.130(c), 683.310; Marriage of Thompson (1996) 41 Cal.App.4th 1049, 1057, 48 Cal.Rptr.2d 882, 886; Marriage of Cutler (2000) 79 Cal.App.4th 460, 94 Cal.Rptr.2d 156, 166--1966 child support judgment, although dormant, was enforceable in 1996 under Ca Fam § 4502; but see Marriage of Sweeney (1999) 76 Cal.App.4th 343, 347-348, 90 Cal.Rptr.2d 298, 300-301--current law could not revive arrearages cause of action under dormant 1963 child support judgment because previous order denying enforcement under prior law was res judicata]
(a) Optional renewal: Nevertheless, a renewal application optionally may be filed for a support money judgment (whether payable in installments or not) if (i) the judgment has never been previously renewed as to past-due amounts; or (ii) five years have elapsed since the judgment was previously renewed, in which case the judgment includes the amount owed at the time of the previous renewal plus any amounts that became due thereafter. [Ca Civ Pro § 683.130(c)(2)]
(b) Subject to laches defense: Although support judgments normally are enforceable until paid in full, laches is available as an equitable defense to the enforcement of arrearages where the creditor spouse (i) unreasonably delayed enforcement action; and (ii) either acquiesced in the debtor's conduct or the debtor has suffered prejudice because of the delay. [See Marriage of Fogarty (2000) 78 Cal.App.4th 1353, 93 Cal.Rptr.2d 653, 660-662--laches barred collection of child support arrears where creditor spouse delayed enforcement efforts for 17 years to debtor spouse's prejudice; Marriage of Plescia (1997) 59 Cal.App.4th 252, 257-259, 69 Cal.Rptr.2d 120, 123-124--laches barred W's enforcement of past-due spousal support where she waited over 9 years to attempt collection to H's prejudice]
(4) Renewal application procedure: A judgment may be renewed simply by filing an application for renewal with the court in which the judgment was entered (and paying the appropriate filing fee). [See Ca Civ Pro § 683.120(a)]
(a) Time for filing application:
1) Judgments generally: For judgments not previously renewed, application to renew may be filed any time prior to expiration of the 10-year enforcement period. [Ca Civ Pro § 683.130(a)]
However, as to judgments previously renewed, no new application for renewal can be filed for five years. (This is to prevent judgment creditors from frequently renewing judgments merely to compound interest, below.) [Ca Civ Pro §§ 683.110(b), 683.130(c)(2)]
2) Nonsupport installment judgments: The rules differ for nonsupport money judgments payable in installments--i.e., "limited civil case" judgments payable in installments per Ca Civ Pro § 85 or workers' compensation installment judgments. (Installment judgments for child, spousal or family support are exempt from renewal requirements)
The following rules apply to nonsupport installment judgments:
a) Not previously renewed: If the installment judgment has not previously been renewed, a renewal application may be filed at any time within the 10-year period as to past due amounts. [Ca Civ Pro § 683.130(b)(1)]
b) Previously renewed: If an installment judgment has been previously renewed, the renewed portion is treated as a lump-sum money judgment that has been previously renewed--i.e., it cannot be renewed for five years.
But the judgment may be renewed at any time within 10 years as to installments that become due after the previous renewal. [Ca Civ Pro § 683.130(b)(2)]
Do not wait until the last day or week to file your application to renew! If you have a judgment lien on any real property interest under the original judgment, you will need to record certified copies of the application to renew before expiration of the 10-year period to retain your priority position. Similar requirements apply to execution liens and enforcement procedures then pending. To avoid slipups, calendar renewal applications no later than nine years and six months after the date of entry of judgment or the date of any previous renewal.
There is also an economic advantage to renewing a judgment early, because accrued interest is added to the judgment principal upon renewal. Thereafter, 10% interest accrues on the total amount of the renewed judgment, allowing the judgment creditor, in effect, to earn compound interest.
· If the judgment has not been previously renewed, it may be renewed any time before the 10-year period expires--e.g., even one year after entry (above).
· And, there is no limitation on the number of times an unsatisfied judgment may be renewed; except that after the first renewal, it may not be renewed again for at least five years (Ca Civ Pro § 683.110(b), above).
Therefore, consider renewing larger judgments as early and as often as possible (every five years), to obtain the benefit of compound interest.
(b) Contents of application for renewal: The renewal application must be executed under penalty of perjury, and must contain the information specified in Ca Civ Pro § 683.140. The Judicial Council has created an optional form (EJ-190) that, when properly completed, satisfies the statutory requirements.
Filing the renewal application (and paying the appropriate filing fee) results in automatic renewal of the judgment. No court order or new judgment is required. The court clerk simply enters the renewal of judgment in the court records. [See Ca Civ Pro § 683.150]
(6) Notice to judgment debtor required: The judgment creditor must serve notice upon the judgment debtor that the judgment has been renewed. The notice may be served personally or by first-class mail, and proof of service must be filed with the court clerk. [Ca Civ Pro § 683.160(a)]
This notice may be served after the 10-year period for renewing a judgment expires so long as the application for renewal is timely filed. [See Comment to Ca Civ Pro § 683.160]
IAAL
[Edited by I AM ALWAYS LIABLE on 12-04-2000 at 10:43 PM]
