Legal Question in Credit and Debt Law in Utah
Statutes on judgements
What is, if any, the statute of limitations on a judgement? Can a judgement be renewed if the statute is close to running out? The judgement is for legal fees under $750.00 for the other parties lawyer in a divorce that occured in 1985. Thank you. If it can be renewed, can it be renewed until paid or is there a limit?
1 Answer from Attorneys
Re: Statutes on judgements
Don't know .. depends on state law .. maybe 10 years,
maybe never, maybe it depends on how much you tried to
collect your debt. If it's still unpaid, your state PROBABLY
gives a post-judgment interest to you to tack on, and that
probably more than doubles your judgment. My state always uses
12% per annum, but I think it's simple interest, so it'd be
12% times 14 years is 168% interest, which brings the $750 up
to $2010. If that's right in your state, and you get that much, would
you please mail me some? Just a couple hundred would make me happy.
The procedure in Mass is to bring another action, perhaps a complaint
for contempt (of the court's order to pay the judgment) or perhaps you'd
bring a "show cause" action to get the other party to come to court to
explain why they haven't paid up. But each state has different procedures.
Call the clerks at the courthouse for help, or better yet go there, but you might
end up using another attorney (who will want a piece if not an upfront payment!).
At that point, it might strike you as funny that you would pay two attorneys to collect
from a third attorney.
No matter what, be sure to start with a demand from the attorney
(certified letter, return receipt requested) first, but after you
consult an attorney.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Newton, MA
02459-2509
Good luck!
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