Legal Question in Credit and Debt Law in California

I have a judgment creditor who is owed $500k. The debt is 9 years old. The statute of limitations in California is 10 years but the creditor can renew in perpetuity. I'm considering reestablishing residency in Delaware where the statute of limitations is 3 years, non-renewable. Does the 3 year clock start ticking from the date I establish residency, or does the 9 year age of the debt render it uncollectable as soon as I move to Delaware?


Asked on 9/02/10, 9:05 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You are conflating the deadline for renewing judgments in California with the statute of limitations for filing a lawsuit. If the judgment creditor renews the California judgment, they will be able to domesticate and enforce it in Delaware, or any other state, for as long as the judgment remains valid (at least another 10 years).

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Answered on 9/07/10, 9:15 pm

Mr. Stone is correct. You are very confused. There is no statute of limitations on judgments. Statutes of limitations apply to a deadline for filing a lawsuit in the first place. If you have a judgment, then the lawsuit was obviously filed in time. End of story on the statute of limitations. You are also entirely confused as to how the question of what law applies in a given situation is answered. There is no situation in which you can simply move after the fact to get a new set of laws applied. Where you reside when something happens with legal importance may or may not be relevant, but it never matters after the fact. This is especially true of judgments. One of the fundamental principals of the Constitution that distinguished it from the Articles of Confederation that preceded it, is that every state must give full faith and credit to the legal actions of the other states. So every state court will enforce every other state's judgments. Nothing changes about your legal status just because you try to skip town. Did you really think it was that easy and no one but you thought of it before? Is your picture next to "hubris" in the dictionary?

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Answered on 9/07/10, 9:28 pm


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