     rcb | Tuesday, December 14, 1999 - 03:34 am 
I've seen a lot of talk (checked the entire site) on statute of limitations regarding when a creditor can SUE you for an old debt. But my question is, once a creditor OBTAINS a judgement (either by default or by proving their case in court), IS there a statute of limitations on how long FROM THE TIME THE JUDGEMENT WAS ENTERED that they can try to collect the money (harass, garnish, etc.) per the judgement?
Again, this is specifically about how long someone can try to collect on a judgement, not an old debt (no judgement) or reporting an account to the bureaus. |
| Anonymous | Tuesday, December 14, 1999 - 04:08 am
Every state is different about collecting on judgments. For instance, here in Colorado, a judgment once recorded is good for 20 years. However, at the end of the 20 years you just have to get it re-issued. In other words, a judgment is good forever here in Colorado, or for as long as anyone wants to bother with it. When I worked in Houston, a judgment in Texas was good for 100 years. I haven't worked in law firms in other states but I would be willing to bet that they are similar. |
| Sean | Tuesday, December 14, 1999 - 04:11 am
For most judgements here in California it's the same. You just go and have them renewed when they're about to expire. |
| rcb | Tuesday, December 14, 1999 - 06:33 am
(1) So if they DON'T have them renewed, then they are no longer enforceable?
(2) Even though the judgement is enforceable for 20 to 100 (or whatever) years, the judgement itself (the public record item) can only remain on your credit report for 7 years, correct? |
| Sean | Tuesday, December 14, 1999 - 06:56 am
From http://www.ftc.gov/os/statutes/fcra.htm#605
"Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period." (emphasis added)
So my understanding is that PAID judgements stay on for 7 years and that unpaid judgements can stay on longer, depending on your state. |
| don | Tuesday, December 14, 1999 - 07:39 am
Seven year is a rule.
An exception to the rule is New York. A paid judgement can only stay on for five years. |
| Kristi Feathers-Carreon & Associates | Wednesday, December 15, 1999 - 03:23 pm
satisfied/paid judgments remain for up to 7, the reason I say up to 7 is because they can come off sooner through the disputation process if the judgment-creditor fails to validate your requests for proof.(there is no law on the books that says it has to STAY for 7, only that it cannot be reported for more than 7.)
However, an unpaid judgment will last for as long as the judgment creditor keeps re-newing it.
If the judgment expires and they fail to renew it, then they have to file all over again. When I was a collection manager, I never let a judgment expire. I made it a priority to keep track of them on the system. Fortunately I was there long enough to go thru 2 10 year renewals.
:) |
| Anonymous | Thursday, December 16, 1999 - 04:13 am
A judgment may not be the worst thing that can happen to your credit report, but please take my word for it, you don't won't one if you can help it. In the law firm I work for I do most of the collection work. I go after checking accounts, savings accounts, garnish wages, place liens on homes, have cars that are paid off picked up and sold, have the sheriff go out and sieze personal property (furniture, jewelry, etc.). This goes way beyond ruining someone's credit. It ruins someone's life. If we have gotten everything and the person hasn't moved to Texas, where by the way, wages can only be garnished for child support, we start watching credit reports and if the credit report starts looking better we start after the person again. If I had a large judgment against me and it wasn't for some type of fraud I would file bankruptcy (can't discharge judgments on fraud). Judgments are the nightmare of someone's life. |
