Q: If a judgment isn't renewed PROPERLY, does it expire? A judgment was entered by the court on 6/28/12.
A Notice of Renewal of Judgment was filed in court on 6/6/22
The case summary shows on 10/28/22, "Notice of Case Reassignment and Order for Plaintiff to Give Notice" filed by clerk.
The Notice of Renewal of Judgment was finally served on judgment creditor on 1/12/23.
Is there an argument under law the judgment wasn't properly/timely renewed and is now expired?
A: To be timely, the Application for Renewal must be filed within 10 years of the judgment entry date. The date of service of the Application or Notice of Renewal does not change that. When the Application is filed, the judgment is automatically renewed. It is just that it cannot be enforced until 30 days after the Notice is served on the judgment debtor (35 days if service is by mail).
Yelena Gurevich agrees with this answer
1 user found this answer helpful
A:
In California, a money judgment generally remains enforceable for 10 years from the date of entry of the judgment. If the judgment is not renewed within 10 years, it will become unenforceable.
To renew a judgment, the creditor must file a Notice of Renewal of Judgment with the court within 10 years from the date of entry of the original judgment. If the Notice of Renewal of Judgment is not filed within the 10-year period, the judgment may become unenforceable.
In your case, it appears that the Notice of Renewal of Judgment was filed before the 10-year period expired. However, the fact that there was a delay in serving the notice on the judgment creditor and a notice of case reassignment filed by the clerk may complicate matters.
It is recommended that you consult with a California attorney who can review the specific facts of your case and advise you on whether the judgment was properly renewed and is still enforceable.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
