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).
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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.
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