THE PROCESS TO RENEW A JUDGMENT SHOULD BEGIN 6-8 MONTHS PRIOR TO THE DEADLINE

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Transcription:

THE PROCESS TO RENEW A JUDGMENT SHOULD BEGIN 6-8 MONTHS PRIOR TO THE DEADLINE STATE RENEWAL Additional information ALABAMA Judgment good for 20 years if renewed ALASKA ARIZONA (foreign judgment 4 years) May renew within the 90 day period prior to expiration with certain qualifications ARKANSAS CALIFORNIA File Abstract of Judgment in all counties where debtor has property to create a lien COLORADO JUDGMENT (District Court) JUDGMENT 6 YEARS (County Court), LIEN ON REAL PROPERTY 6 YEARS To renew, you must revive the judgment. CONNECTICUT Domestic Judgment 20 years; Small Claims 10 years, Foreign Judgment 20 years DELAWARE NO PROVISIONS DISTRICT OF COLUMBIA 12 YEARS MUST RECORD JUDGMENT AT THE RECORDER OF DEEDS (land records) to execute on the judgment during its entire life.

FLORIDA JUDGMENT ; REAL PROPERTY LIEN ; PERSONAL PROPERTY LIEN 1. A Florida judgment can normally be enforced for a period of twenty years. If you're not able to collect the judgment within twenty years, the creditor is normally barred from collecting the debt thereafter with certain limited exceptions. 2. If we record a certified copy of the judgment in a county where the debtor has nonhomestead real estate, the judgment becomes a lien on such real estate. The lien lasts for ten years from the date of recording and it can potentially be extended another ten years by recording another certified copy of the judgment shortly before the first ten year time period expires. 3. If we file a judgment lien certificate with the State, the judgment becomes a lien on much of the debtor's personal property in Florida. The judgment lien on personal property is good for five years at which time it lapses. A creditor can obtain a second judgment lien on personal property by filing another judgment lien certificate within six months before or after the initial lien expires. However, the second filed lien is a new lien (and not an extension of the first one). Accordingly, its p GEORGIA HAWAII Motion to renew must be filed prior to expiration. IDAHO Can be renewed for successive 5 year periods. ILLINOIS 7 YEARS Judgment is good for 20 years but has to be renewed at 7 years and 14 years to be enforced. INDIANA Judgment creates a lien on real estate for 10 years, judgment is presumed satisfied after 20 years. Renew lien (10 years) on real estate by filing a new action to enforce the old judgment. You can also overcome the satisfaction presumption by filing an affidavit stating that the judgment is not satisfied. IOWA JUDGMENT (614.1(6); LIEN 10 YEARS 624.23(1) A judgment lien against real estate may be renewed by a separate action brought in year 9 with a court order renewing it. 614.2 KANSAS KENTUCKY 1 LOUISIANA

MAINE MARYLAND 12 YEARS MASSACHUSETTS Presumed satisfied after 20 years but proper notification to the court that it has not been satisfied renews the judgment. MICHIGAN MCL 600.5809(3), Small claims judgment must be renewed within 6 years. MINNESOTA MISSISSIPPI 7 YEARS MISSOURI MONTANA Must file a new lawsuit on the judgment, not a renewal. NEBRASKA NEVADA 6 YEARS NEW HAMPSHIRE NEW JERSEY If the judgment in in the lower court it needs to be docketed in the Superior Court. NEW MEXICO 14 YEARS NEW YORK JUDGMENT ; LIEN NORTH CAROLINA Must file new action to renew, action must be filed prior to expiration of first 10 year period or th elien loses its priority on title property. NORTH DAKOTA OHIO OKLAHOMA OREGON PENNSYLVANIA Absense of revival affects lien priority, lien is only effective in the County in which it is filed. PUERTO RICO RHODE ISLAND Execution cannot be issued after 7 years. SOUTH CAROLINA SOUTH DAKOTA TENNESSEE TEXAS 2 year grace period UTAH 8 YEARS VERMONT 8 YEARS Must be sued by new action to renew prior to expiration of 8 year period.

VIRGINIA CIRCUIT COURT; GENERAL DISTRICT COURT GENERAL DISTRICT COURT JUDGMENTS SHOULD BE DOCKETED IN CIRCUIT COURT FOR PRESERVATION General District Court (GDC) judgments good for 10 years Va. Code 16.1-94.1 Circuit Court judgments good for 20 years Va. Code 8.01-251(A) GDC judgments may be docketed in Circuit Court, extending 10-year life to 20 years Va. Code 16.1-94.1 and 16.1-69.55(B)(4) Circuit Court judgments, on creditor s motion, extended for additional 20-year periods Va. Code 8.01-251(A) and (B) (NB: Circuit Court judgments, when extended, must be re-docketed to have continuing effect as real estate lien Va. Code 8.01-458) (And FYI: Enforcement of GDC judgment in GDC possible even after lapsed 10-year period if Circuit Court abstract of docketed GDC judgment filed in GDC before execution of post-judgment action Va. Code 16.1-69.55(B)(4).) WASHINGTON Petition to renew must be filed before expiration and no earlier that 90 days prior WEST VIRGINIA WISCONSIN WYOMING A Judgment has a life of 20 years. A properly docketed Judgment is a lien on real estate in the county where docketed for 10 years. Wis. Stats. 806.15(1). Whether the lien can be revived is not clear from the statutes. It appears that re-docketing the Judgment may revive the lien but priority appears to be lost. An execution may be issued on a Judgment, if proper steps are taken, for 20 years from the rendition of the Judgment. Wis. Stats. 815.04(1). A Judgment may be renewed by filing an action on the Judgment within the 20 year period commencing with the entry of the Judgment. Wis. Stats. 806.23 and 893.40.

**Information was compiled from different sources and is not warranted, but thought to be reliable as of July 30, 2008 when compiled.