Legal Question in Credit and Debt Law in Missouri
Judgement in Missouri
I have a default judgement against me that was rendered on 10/7/1997. The attorney for the plaintiff has requested a revival of Judgement dated 5/19/08 more than the 10 year deadline. However, we have been making voluntary payments to avoid garnishments. Does this void the 10 year revival rule in the State of Missouri
1 Answer from Attorneys
Re: Judgement in Missouri
I am not sure about any agreement you may have signed.
There is a recent case (see http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/8fc062aa404ae6018625745c0060e563?OpenDocument ) that holds an attempt to revive the judgment outside the 10 years is void. While a voluntary payment extends the statute on a routine contract matter, it does not extend the statute on a judgment. You must look at the date the request for a revival of the judgment was itself filed. If it was filed before 10/7/2007 then the court can act. If it was filed after that, then Section 516.350.2, RSMo 2000, provides that all judgments are presumed satisfied "after the expiration of ten years from the date that periodic payment is due."
Good luck