Statute of Limitations for a Civil Judgment
A civil judgment is an official notation entered on a court’s docket that signifies a plaintiff has prevailed in his lawsuit for damages against a defendant. Once a court has issued a judgment, a plaintiff is characterized as a judgment creditor and the defendant becomes the judgment debtor.
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Collecting On A Judgment
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A judgment creditor can avail himself of various court-authorized post-judgment collection procedures in order to seek satisfaction of his judgment for money damages. These procedures may include attachment of the judgment debtor’s assets, garnishment of his wages and placing liens on his real property.
Statute Of Limitations On Civil Judgments
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The statute of limitations for a civil judgment is the time period set by each jurisdiction within which a judgment creditor can collect on his judgment. The relevant time period can vary substantially from state to state. For example, the statutory period in Iowa is six years, while in Illinois, it is 20.
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Statute Of Limitations For Filing Lawsuits
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The statute of limitations period for enforcing a civil judgment should be distinguished from the statute of limitations for filing lawsuits. Each state establishes a period of time for each distinct legal cause of action (e.g., breach of contract, negligence) within which a plaintiff must bring his civil action against a defendant. A lawsuit that is filed outside the statute of limitations period is said to be “time-barred” and upon request of the defendant must be dismissed by the court.
Renewing A Judgment
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Some states that have relatively short statute of limitations for enforcing civil judgments allow a judgment creditor to renew the judgment prior to its expiration. Some states permit multiple renewals.
Expiration
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In the absence of any renewal periods authorized by state statute, once a judgment expires, a judgment creditor has no further recourse against the judgment debtor.
Considerations
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In order to determine if a judgment has expired, first examine the statue of limitations period in the state that issued the judgment as well as whether there are any statutory renewal periods. The limitations period is computed from the date the court issued the judgment. If the state permits a judgment creditor to renew his judgment, a new period begins to run from the effective date of the renewal until the new expiration date.
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