Statute Of Limitations in Louisiana

[iwantmymoney]

Can someone tell me if I can or have to renew a civil judgement against someone in the state of Louisiana? What is the statute of limitations?

Thanks in advance.....

 

[JETX]

A LA judgment is good for 10 years. I don't think it can be renewed.

 

[weekendnotary]

10 years is the magic number, but the judgment can be revived before the 10 year period ends. also if you have a judicial mortgage, you need to reinscribe before 10 years too.

 

[JETX]

weekendnotary:
Please provide a link or citation to support your belief that a LA judgment can be renewed.

Thanks

 

[weekendnotary]

Support for my belief

La. C.C. art. 3501; La. C.C.P. art. 2031.

La. C.C. art. 3501 provides:

Prescription and revival of money judgments

A money judgment rendered by a trial court of this state is prescribed by the lapse of ten years from its signing if no appeal has been taken, or, if an appeal has been taken, it is prescribed by the lapse of ten years from the time the judgment becomes final.

An action to enforce a money judgment rendered by a court of another state or a possession of the United States, or of a foreign country, is barred by the lapse of ten years from its rendition; but such a judgment is not enforceable in this state if it is prescribed, barred by the statute of limitations, or is otherwise unenforceable under the laws of the jurisdiction in which it was rendered.

Any party having an interest in a money judgment may have it revived before it prescribes, as provided in Article 2031 of the Code of Civil Procedure. A judgment so revived is subject to the prescription provided by the first paragraph of this Article. An interested party may have a money judgment rendered by a court of this state revived as often as he may desire.

Acts 1983, No. 173,§ 1, eff. Jan. 1, 1984.

from http://www.legis.state.la.us/tsrs/search.htm

 

[JETX]

Sorry, but 'reviving a judgment before it prescribes' has nothing to do with RENEWING a judgment. In LA, a judgment is good for 10 years and cannot be renewed, but can be revived (revalidated).

 

[weekendnotary]

Sorry if I misunderstood. However, could you enlighten me as to what is your definition of "renewing" a judgment? Because you said that the judgment is good for 10 years, that's correct, because a money judgment prescribes in 10 years, but I am saying it can be revived, meaning if you revive it, the judgment will be good for another 10 years. Also, I did not use the word "renew" because frankly, as a Louisiana attorney, I am not familiar with the concept of "renewing a judgment" except in the sense that you can revive a judgment before it prescribes. I meant to say that and nothing more; and that is a correct statement of Louisiana law.

 

[JETX]

as a Louisiana attorney, I am not familiar with the concept of "renewing a judgment" except in the sense that you can revive a judgment before it prescribes.

Interesting. In the above statement, you say that you are a "Louisiana attorney", yet in your profile and your linked website, you say that you are a notary public.
"Commissioned in Caddo Parish, the Weekend Notary provides all the services that a notary public can perform according to Louisiana law, such as making inventories, appraisements, and partitions; receiving wills, making matrimonial contracts, conveyances, and generally, all contracts and instruments of writing; and receiving acknowledgements of instruments under private signature.

Being a commissioned civil law notary also allows the Weekend Notary to act as a loan document signing agent.

The Weekend Notary is available evenings and weekends by appointment."

I would think that, even in Louisiana, you would acknowledge your being an attorney over being a notary. So, are you a licensed attorney as claimed, or a notary, or both???

 

[weekendnotary]

I am an attorney and a notary (on the weekends). I work for a court and by supreme court rule we are not supposed to practice law due the conflict it would cause. However, many of the attorneys at the court, including myself, work as notaries. If you'd like to check my credentials, call the louisiana state bar association or check the La. Sec. of State's notary database and you'll see Attorney next to my name.

 

[JETX]

I tried to check your credentials, but since you don't provide your name (and your AOL account only shows your first name as 'Toni'), it is pretty much impossible to verify your statement (as I am sure you can understand). So, if you want to be a little more forthcoming on your information, I will verify as you offered.

 

[fadvic]

Sorry, Dear Weekendnotary. I read the Louisiana Statutes you cited and Halket is correct. Renewing and reviving a judgment are two different breeds of dog.

 

[weekendnotary]

Halket - I'm sorry about that. My name is Toni Raven Estaville (maiden name Johns).

 

[JenniferH]

Halket: I verified her. You probably can too by going to pac-info or whatever you use and look up notaries under Louisiana.

Oh, and by the way, I am in DE as you probably already know, and we use the word "revive" before a judgment expires for collection purposes (if one has not acted in actual collection mode) one must "revive" judgment. However, I do know that a judgment is good for 10 years here, but, in order to execute a collection procedure thru the court, we have to "revive" every 3 years and I know that I was allowed to "revive" after the 3 years is up (atleast on Feb 11 we should really know that one.) Delaware is very weird in their laws and such.

I don't really understand the difference between revive and renew, is it a "technicality"? I thought these 2 terms were interchangeable and virtually meant the same?

Maybe you can enlighten me?

Thanks,

 

[JETX]

Jennifer, let me answer your question with an example from Texas.

Judgments are good for 10 year in Texas, and they can be RENEWED every 10 years until paid. Renewal is done be serving (or attempting to serve) a Writ of Execution on the debtor.

However, if a judgment is not executed within 10 years, the judgment goes dormant for the next 2 years. At any time during this dormancy, a judgment can be REVIVED (brought back to life) by the creditor filing a Writ of Scire Facias.

After the 10 year expiration AND the two year dormancy, the judgment cannot be RENEWED or REVIVED.

 

[JenniferH]

Halket: THANK YOU. I know understand!