Legal Question in Credit and Debt Law in Texas
Judgment Statue of Limitations
I have been reading in here that the the statue of limitations is 10 yrs on a judgment and is renewable for another 10 years. So I have to wait 20 years for this judgment to be released or is there a time frame after the 10 years for them to file a renewal. I have a judgment that is 12 years old.
2 Answers from Attorneys
Re: Judgment Statue of Limitations
In order to collect on the judgment, it needs to be recorded. When recorded it's good for 10 years. It can be renewed every 10 years. Sounds like you need to check to see if it has been recorded and/or renewed.
Re: Judgment Statue of Limitations
An Abstract of Judgment needs to be filed in the real property records where debtor's property is or may be located. That's good for 10 years.
The judgment is extended another 10 years when a writ of execution is issued and returned without satisfying the judgment. It's also a good idea to get and file a new abstract. Those steps can be done every ten years and keep the judgment alive forever.
Your judgment, unless a writ has issued, is dormant and cannot be collected. A dormant judgment may be revived by scire facias or by an action on debt brought not later than the second anniversay of the date the judgment became dormant.
Check your dates; you may be out of time.