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  1. #1
    Join Date
    Oct 2007
    Posts
    16

    Default Statute of Limitations on a Renewed Judgment in Georgia

    I had a judgment against me that started in Sept. of 97. The plaintiff renewed this judgment in May of 2004. My question is, Is there a statute of limitations or time limit on a renewed judgment? It has been over three years and my wages have just now started to be garnished this past week.
    I would like to thank you for your help to this point, it has been very helpful. Look forward to hearing your advice in this situation. Thank you.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,121

    Default Re: renewed judgment SOL-GA

    didn;t research it but renewing a judgement often essentially adds the same as the origianl SoL offers in effect doubling the SoL on a judgement.

    the holder of the judgement would be able to act anytime the judgement is in place and not beyonf the SoL.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Statute of Limitations on a Renewed Judgment in Georgia

    Georgia:

    § 9-12-60. When judgment becomes dormant; how dormancy prevented; docketing; applicability

    (a) A judgment shall become dormant and shall not be enforced:
    (1) When seven years shall elapse after the rendition of the judgment before execution is issued thereon and is entered on the general execution docket of the county in which the judgment was rendered;

    (2) Unless entry is made on the execution by an officer authorized to levy and return the same and the entry and the date thereof are entered by the clerk on the general execution docket within seven years after issuance of the execution and its record; or

    (3) Unless a bona fide public effort on the part of the plaintiff in execution to enforce the execution in the courts is made and due written notice of such effort specifying the time of the institution of the action or proceedings, the nature thereof, the names of the parties thereto, and the name of the court in which it is pending is filed by the plaintiff in execution or his attorney at law with the clerk and is entered by the clerk on the general execution docket, all at such times and periods that seven years will not elapse between such entries of such notices or between such an entry and a proper entry made as prescribed in paragraph (2) of this subsection.
    (b) The record of the execution made as prescribed in paragraph (1) of subsection (a) of this Code section or of every entry as prescribed in paragraph (2) or (3) of subsection (a) of this Code section shall institute a new seven-year period within which the judgment shall not become dormant, provided that when an entry on the execution or a written notice of public effort is filed for record, the execution shall be recorded or rerecorded on the general execution docket with all entries thereon. It shall not be necessary in order to prevent dormancy that such execution be entered or such entry be recorded on any other docket.

    (c) When an entry on an execution or a written notice of public effort is filed for record and the original execution is recorded in a general execution docket other than the current general execution docket, the original execution shall be rerecorded in the current general execution docket with all entries thereon. When an original execution is so rerecorded, a notation shall be made upon the original execution which states that it has been rerecorded and gives the book and page number where the execution has been rerecorded. When an original execution is so rerecorded in the current general execution docket, it shall be indexed in the current general execution docket in the same manner as if it were an original execution. Nothing in this subsection shall affect the priority of any judgment or lien; and no judgment or lien shall lose any priority because an execution is rerecorded.

    (d) The provisions of subsection (a) of this Code section shall not apply to judgments or orders for child support or spousal support.

    § 9-12-61. Dormant judgments renewed by action or scire facias; time of renewal

    When any judgment obtained in any court becomes dormant, the same may be renewed or revived by an action or by scire facias, at the option of the holder of the judgment, within three years from the time it becomes dormant.
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  4. #4
    Join Date
    Oct 2007
    Posts
    16

    Default Re: Statute of Limitations on a Renewed Judgment in Georgia

    Thank you for your help, just one more question. When the judgment is renewed is the plaintiff required to notify the defendant? Or is the court system required to notify of a renewed judgment? Thanks.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Statute of Limitations on a Renewed Judgment in Georgia

    Here's the statue describing service.
    Quote Quoting Georgia Code § 9-12-63. Issuance of scire facias; copies; service; return
    A scire facias to revive a dormant judgment in the courts must issue from and be returnable to the court of the county in which the judgment was obtained. It shall be directed to all and singular the sheriffs of this state and shall be signed by the clerk of such court who shall make out copies thereof. An original and a copy shall issue for each county in which any party to be notified resides. A copy shall be served by the sheriff of the county in which the party to be notified resides 20 days before the sitting of the court to which the scire facias is made returnable and the original shall be returned to the clerk of the court from which it issued.

  6. #6
    Join Date
    Oct 2007
    Posts
    16

    Default Re: Statute of Limitations on a Renewed Judgment in Georgia

    So if no notification was given or at least signed off on, does that void the renewed judgment or will it still stand? We are checking with the sheriffs office responsible for giving the notification now.

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