Received a Affidavit For Renewal Of Judgement

[Anonymous]

I just received this Renewal of Judgement from 9/10. The verbaige says that it has been less than five years since the date of the judgement and/or the date of the last execution in this lawsuit...I am assuming that "execution" means some paperwork that was filed with the court or something, because my math isn't so great..but..2010 to 2017 is seven years..so I must be missing something. Is it safe to assume that "execution" is some paperwork that was filed, if so then all this means that they have an additional 5 years to keep this active? Also, if it is false..and they didn't have an "execution" within 5 years...what does that mean? I can't imagine that the judge signs an order saying that you guys didn't renew in a timely fashion. I am just curious. Thanks

[Anonymous]

It is basically tem taking action on the judgement they received, taking property or funds etc.  Below is straight from wiki.

A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor.

[Anonymous]

So there should be a paper trail of a "execution" correct? If that "execution" is over 5 years old or if there was never one to begin with, what does that mean? 

[RobertEG]

A civil judgment per se opens the door, if the debtor does not pay within a reasonable period, for the creditor to then obtain a separate order from the court that specifies the taking of assets or garnishment of pay in order to force satisfaction of the judgment.

The judgment has remained unpaid for approx 7 years, so they took action to force its satisfaction.

The process they must go thru to obtain a renewal of the period of  enforceability of the judgment, such as personal appearance of the parties, can vary depending upon whether or not the judgment or a prior writ of satisfaction of the judgment was issued within a prior period, such as 5-6 years.

Apparently, they determined that the original judgment needed to be renewed prior to seeking execution of the judgment, and they informed the court that they filed papers for a prior execution less than five years ago.  If you doubt that statement, you should obtain a case history from the office of the clerk of the court.

However, that likely will only affect the procedure necessary to obtain the renewal, and not their ability to obtain the renewal per se.

Consult an attorney if you feel that their renewal lacked proper basis under the rules of civil procedure for your state.

I would expect that you will soon receive a writ ordering execution (satisfaction) of the now-renewed judgment.

[Anonymous]

Thanks!

I am curious, is this the process that they go through in general. If they didnt' receive any money before when they got the judgement, I wonder why they think they would get some now. Is there a period of time that a judgement can contuine? I mean, if there is a judgement and it hasn't been paid for 7 years, and they renew that judgemnet will it just continue forever? 

[RobertEG]

When they first obtained the judgment, it was a finding by the court that the debt was legit, and that the debt was ordered to pay.

However, it did not provide specific times and procedures for actual satisfaction.

It provided the legal foundation for them to thereafter go back to the court and seek an order of specific taking of assets, such as having a sheriff appear at your door and take certain assets, or by sending a notice of garnishment to your employer.

They will no longer be relying only on your voluntary compliance.  They can seek specific taking of assets.

Judgements have an initial period of enforceability, and most states permit continued renewals provided the creditor makes whatever showing is required under their state statute/regs.  Theorectically, a judgment could remain enforceable forever, but most creditors will take action to recover via a writ of execution once a certain period of lack of satisfaction has passed.