Collection "Stale"

[Guzz64]

In Illinois I understand that a civil judgement can be pursued for 20 years before it finally goes away.

If there has been no contact or attempt to collect in over 7 years is there a statute that declares the judgement "Stale" and therefore no longer collectable?

[aaron]

If the judgment remains valid, it can be collected.

[Guzz64]

After much investigation I once again wonder about this judgement. This civil judgement caused a suspension of my license.

After reaching 7 years the judgement was deemed stale and the suspension was overturned. I can now drive again.

Being that the license was returned, due to the stale judgement, has the judgement itself also gone stale, and now become not collectable?

[Guzz64]

It is my understanding that the only thing that survives the 7 year stale-judgement situation is child support and maintenance payments.

That being the case, and 7 years have gone by without any action for recovery, shouldn't this judgement be no longer collectable?

[aaron]

The issue of whether your judgment would trigger a driver's license suspension is different from the question of whether the judgment holder can collect the money you owe. It would be exceptional for a court to apply an equitable "laches"-type remedy to shorten a statutory period for collection.

[Betty3]

Even though your suspension was lifted - they can still collect on the judgment until the end of the 20 yrs. One doesn't have anything to do with the other.

[Guzz64]

Can they collect from retirement accounts? IRA's or 401k's? I was informed that these are safe from collections?

[Betty3]

ERISA-qualified benefits and IRAs are exempt from seizure in Il. per my source.

[Guzz64]

Thank you for your assistance

[Betty3]

You're welcome.