Legal Question in Credit and Debt Law in California
I've resided in California for 15 years. Prior to that I lived in Arizona during which period I incurred a monetary judgment of $40,000. The creditor keeps rerecording the judgment every five years. My question: if the creditor chose to perfect the judgment in California prior to beginning collection activities would California's four year statute of limitations be a viable defense or would California courts defer to Arizona's virtually unlimited period for debt collection?
1 Answer from Attorneys
Statutes of limitations only apply to the deadline for commencing a lawsuit. If there is a judgment, the statute of limitations was satisfied by the creditor filing the lawsuit that resulted in the judgment. It no longer has any relevance under any state's laws. As long as a judgment is renewed as necessary in the state in which it was issued it can be enforced in that state or perfected and enforced in any other state indefinitely until satisfied.
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