Legal Question in Appeals and Writs in North Carolina

Collection on Old Judgment.

It is difficult for us to imagine that a debt so old could be collectiable, however, since it is agains the United States, the rules might be different.

If this were an ordinary civil judgment, it would have become uncollectable long ago.

Some states place the length of time a judgment may be collected at 20 years -- if renewed.

In GA, a judgment may only be collected for 7 years and then becomes dormant. It may be revived 3 times for a max. life of 21 years. Thus, collection options would have expired before the turn of the century in GA.

There are other doctrines would should kill your ability to collect the judgment.

Estopple. The holder failed to act and now is barred by his inaction.

Laches. A french term. The holder sat on his rights and has now lost them. He is barred simply by the passage of time.

You have a proper party problem. Here we know who the defendant is: The United States. But, who is the holder of the judgment??? The dead ancestor is -- well -- dead. You are going to have to show some unbroken right to collect resting in you to be able to proceed.

On what legal basis do you claim you have a right to collect this debt? Unless you can show that you have standing to assert collection, a court will not let you proceed against the United States government.

You have a very interesting question, but one that is short of facts. If you can provide us with more detailed facts and more information concerning why the claim is "open" we may be able to tell you whether you claim is worth pursuing or is merely a modern day Folly.

Good Luck