The amount of time a plaintiff has to collect varies from state to state. But, judgments are usually valid for about seven to 20 years before they expire.
The judgment becomes dormant. Dormant means the judgment lapses or expires. The plaintiff can no longer collect on the judgment by:
Yes, the plaintiff can contact the defendant directly to request payment. But the payment must be made voluntarily.
In most situations, a plaintiff must go back to the same court that issued the judgment and request it be “revived.” Many courts do allow plaintiffs to reinstate the lapsed judgment within a specific timeframe. In most jurisdictions it’s 10 years from the date the judgment lapsed to revive it.
Yes. Most courts will allow the defendant to submit an answer to the petition to revive the dormant judgment. In the answer the defendant can fight the judgment by claiming the:
Yes. A defendant can try to reopen the original lawsuit by filing a motion to vacate the original judgment.
Consult a bankruptcy lawyer regarding what to do about a dormant judgment a plaintiff is seeking to revive. The lawyer can give you advice on how to proceed.
Last Modified: 03-25-2016 12:26 PM PDTLaw Library Disclaimer
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