Legal Question in Credit and Debt Law in Missouri

Re: Revival of Judgement

The law on judgments is a little different than that. The Rule states:

Rule 74.09. Revival of Judgment

(a) When and by Whom. A judgment may be revived by order of the court that entered it pursuant to a motion for revival filed by a judgment creditor within ten years after entry of the judgment or the last prior revival of the judgment.

(b) Order to Show Cause. Upon the filing of a motion of revival of a judgment, an order shall issue to the judgment debtor to show cause on a day certain why such judgment should not be revived. The order to show cause shall be served pursuant to Rule 54 on the judgment debtor, his successors in interest, or his legal representatives.

(c) Judgment of Revival. If the judgment debtor, his successors in interest, or legal representatives fail to appear and show cause why the judgment should not be revived, the court shall enter an order reviving the judgment.

Rule 74.09's ten year time limit for the motion for revival derives from � 516.350, R.S.Mo. (1994). Pirtle v. Cook, 956 S.W.2d 235, 238 (Mo. banc 1997). That statute provides that every judgment except one awarding child support or maintenance is presumed paid after ten years from the date of rendition, revival upon personal service, or last payment thereon, whichever is later.

So, therefore, if you last made a payment on the judgment in 1999, they could still revive the judgment in 2009 if it was within the 10 year limit. Since I don't know when you last made a payment on the judgment, I doubt I can give you good advice about how to proceed. However, you MUST show up and fight this. Go to court and show that it has been longer than 10 years since the judgment was entered. If you do nothing, even though it is beyond the ten years, they will get a judgment revival. If you show up and contest it, they will not get it revived. So you MUST show up and contest it. They have the burden of proving any exception to the 10 year rule. If they don't have an affidavit showing receipt of a payment within the last ten years, then their claim should be barred.

It would be a good idea to get a lawyer, or get help from Legal Aid if you can't afford a lawyer.

Good luck.

Re: Revival of Judgement

Anthony DeWitt's answer is absolutely correct! Without knowing all of the pertinent facts, it is not possible to give you any specific legal advice other than to be sure to show up in court or hire an attorney to do so for you. Good luck!