Q: Is there a form I can fill out to make a motion and order to revive a judgment? I was told I could represent myself
It is a small claims court judgment that will be 10 yrs old in April. We finally were able to garnish his wages recently but the total won't be paid before the 10 yrs is up in April. If so, where do I print/copy them off so I do this right. Thank you!
A:
I've got good news for you. If you garnished part of the judgment and the payment shows up on the court record then the payment automatically revives the judgment for another 10 years. If there is no payment on the record then you'd need to figure out how to file a motion for revival of judgment. The court would then set a hearing date and issue an order to show cause why the judgment should not be revived, and you'd need to have it served on the defendant.
I hope my answer helps.
Here's the revival statute.
516.350. Judgments presumed to be paid, when — presumption, how rebutted — inclusion in the automated child support system — judgment for unpaid rent, revived by publication. — 1. Every judgment, order or decree of any court of record of the United States, or of this or any other state . . . shall be presumed to be paid and satisfied after the expiration of ten years from the date of the original rendition thereof, or if the same has been revived upon personal service duly had upon the defendant or defendants therein, then after ten years from and after such revival, or in case a payment has been made on such judgment, order or decree, and duly entered upon the record thereof, after the expiration of ten years from the last payment so made, and after the expiration of ten years from the date of the original rendition or revival upon personal service, or from the date of the last payment, such judgment shall be conclusively presumed to be paid, and no execution, order or process shall issue thereon, nor shall any suit be brought, had or maintained thereon for any purpose whatever. An action to emancipate a child, and any personal service or order rendered thereon, shall not act to revive the support order.
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