Judgement Statute of Limitations
Judgements must abide by the statute of limitations. This is the law in the United States and what it means is that you must enforce your judgment within a set amount of time determined by the state the judgment was rendered. The statute of limitations varies by state, but generally it is between 6 and 10 years. This seems like a long amount of time to collect on a judgement, but in reality debtors will easily go years avoiding a judgement without a problem. This is why the court leaves the enforcement of their judgement to the creditor. A creditor who has a judgement has the legal ability to garnish wages and go directly after bank accounts. Use these pathways to get what you are owed or you risk a lapse judgement becoming unenforceable. Why go to court in the first place if you don’t intend to enforce your judgement? Take advantage of all legal mechanisms to get what you deserve.
What is the statute of limitations?
The definition of the statute of limitations is – a statute prescribing a period of limitation for the bringing of certain kinds of legal action. Basically, the statute of limitations is the amount of time you have to enforce your court ordered judgement. Your judgement can be extended past the initial statute of limitations by using the process set up by courts in the state where the judgement was rendered, however, extending a judgement indefinitely is not always an option.
How does the statute of limitations relate to my Judgement?
The statute of limitations dictates how long your judgement is enforceable. Here is a list of the statute of limitations for each state. If your judgement lapses past the statute of limitations, depending upon the state, you will have to get an extension or file for a judgement revival. Lapsed judgements are not always enforceable and a creditor can get in trouble for going after a debtor with a lapsed judgement. Always be mindful of when the statute of limitations begins and ends with your judgement.
Is there any way around the statute of limitations?
You can reset the statute of limitations on a judgement if you file for an extension. In some states, you can file for an extension indefinitely rendering your judgment as permanent as long as you pursue the debtor. It is very important to understand the statute of limitations in the state the judgement was rendered. In some states, if your judgement lapses and you do not file for an extension then the judgement becomes null and unenforceable. It would be pointless to go to court and get a judgement if it lapses and becomes unenforceable. Avoid this at all costs by filing for an extension when necessary.
Why is there a statute of limitations?
The purpose and effect of statutes of limitations are to protect defendants. There are reasons for their enactment: A plaintiff with a valid cause of action should pursue it with reasonable diligence. By the time a stale claim is litigated, a defendant might have lost evidence necessary to disprove the claim. Debtors would have little chance of a fair defence if all judgements were made indefinite.
The statute of limitations controls the amount of time a judgement is enforceable. Pay attention to how much time you have available to enforce your judgement or else your judgement may lapse and lose its enforceability. Avoid this by filing for an extension or using services like WritReady to collect on your judgement. Our professionals have the ability to find the information needed for your judgement and our friendly customer service representatives will help you understand the process in your state.