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  1. #1
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    Default Judgements Are Presumed Satisfied After 20 Years

    My question involves collection proceedings in the State of: IN

    Scenario: Judgement entered against defendant 19 years ago. No payments were made. The Defendant was located 3 months before the 20 year Statute of Limitations and a garnishment was ordered on wages.

    A) Is there a requirement to renew the Judgement in order to keep it in affect for 20 years? If so, when does it need to be filed and how is that done?

    B) Will the garnishment order continue until paid (approximately 12 more months) even though the 20 year Statute of Limitations would be reached after only a few weeks into the garnishment order?

  2. #2
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    Default Re: Judgements Are Presumed Satisfied After 20 Years

    IC 34-11-2-12
    Satisfaction of judgment after expiration of 20 years
    Sec. 12. Every judgment and decree of any court of record of the United States, of Indiana, or of any other state shall be considered satisfied after the expiration of twenty (20) years.
    As added by P.L.1-1998, SEC.6.
    that means it is not renewable and they cannot collect on the judgment after the 20 year period. A new judgment is not required to keep it in effect for the remainder of the 20 years because the judgement is good for 20 years.

  3. #3
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    Default Re: Judgements Are Presumed Satisfied After 20 Years

    so after the 20 year Statute of Limitations, if the judgement is in the process of being paid via garnishment but not yet paid in full, does the garnishment continue even after the 20 years?

    the garnishment order was done in November of 2012 and isn't set to be paid in full until January of 2014.

  4. #4
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    Default Re: Judgements Are Presumed Satisfied After 20 Years

    once it reaches the 20 year date, if the garnishment continues, contact the judgment creditor and provide them a copy of the statute I gave you. If they do not cease garnishment, you may have to file a motion with the court to dismiss the judgement based upon the same law.

  5. #5
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    Default Re: Judgements Are Presumed Satisfied After 20 Years

    Quote Quoting jk
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    once it reaches the 20 year date, if the garnishment continues, contact the judgment creditor and provide them a copy of the statute I gave you. If they do not cease garnishment, you may have to file a motion with the court to dismiss the judgement based upon the same law.
    thanks but while it appears that 'might' work, there is a provision for the judgement creditor that states: "The presumption of satisfaction is not conclusive and can be rebutted by the judgement creditor". I'm sure it would be rebutted.

  6. #6
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    Default Re: Judgements Are Presumed Satisfied After 20 Years

    Quote Quoting greenwoodguy
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    thanks but while it appears that 'might' work, there is a provision for the judgement creditor that states: "The presumption of satisfaction is not conclusive and can be rebutted by the judgement creditor". I'm sure it would be rebutted.
    a provision where? The law appears to be quite clear.

    IC 34-11-2-12
    Satisfaction of judgment after expiration of 20 years
    Sec. 12. Every judgment and decree of any court of record of the United States, of Indiana, or of any other state shall be considered satisfied after the expiration of twenty (20) years.
    As added by P.L.1-1998, SEC.6.
    the law does not say it will be presumed to be satisfied. It states it SHALL be considered satisfied after 20 years. That means the law isn't accepting or presuming it is satisfied. It is stating it is satisfied after 20 years.

  7. #7
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    Default Re: Judgements Are Presumed Satisfied After 20 Years

    He's quoting this. See also Estate of Wilson v. Steward, 937 NE 2d 826 (Ind. Ct. App. 2010).
    Quote Quoting Estate of Wilson
    Relying on Odell v. Green, 72 Ind.App. 65, 75, 121 N.E. 304, 307 (1918), the Rex Metal Craft court concluded that the twenty-year statute is merely a rule of evidence that creates a rebuttable presumption. 831 N.E.2d at 818. In other words, a judgment that is less than twenty years old constitutes prima facie proof of a valid and subsisting claim, whereas a judgment that is over twenty years old stands discredited, with the lapse of time constituting prima facie proof of payment. Id. Thus, the party seeking to avail itself of the presumption of satisfaction of a judgment after twenty years have passed must plead payment. Id.

    In reaching its conclusion, the Rex Metal Craft court reiterated the Odell court's conclusion that "nothing in our statutes indicate[s] an intention to utterly destroy judgments after the lapse of 20 years." Id. (quoting Odell v. Green, 72 Ind.App. 65, 77, 122 N.E. 791, 791 (1919), opinion on reh'g) (emphasis added). In Rex Metal Craft, the judgment creditor asserted nonpayment, and the judgment debtor failed to plead payment. As a result, we held that the judgment creditor overcame the presumption that the judgment had been satisfied after the expiration of twenty years. Id. at 819.
    I agree that the courts could have reached a different conclusion based upon the statutory language.

  8. #8
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    Default Re: Judgements Are Presumed Satisfied After 20 Years

    Quote Quoting Mr. Knowitall
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    He's quoting this. See also Estate of Wilson v. Steward, 937 NE 2d 826 (Ind. Ct. App. 2010).

    I agree that the courts could have reached a different conclusion based upon the statutory language.
    Poor poor decision in my opinion. Those statements simply throw out the statute of limitations provided for in the law. I think those judges involved need to go back and research what "shall" means. They have somehow confused it with: might, if we determine it to be so.

  9. #9
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    Default Re: Judgements Are Presumed Satisfied After 20 Years

    so legally speaking, "shall" is the same as "must"?

  10. #10
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    Default Re: Judgements Are Presumed Satisfied After 20 Years

    well, here's something to confuse the heck out of it. From Black's law dictionary:

    I don't know why I cannot edit my post as I want. Here is a link to the entry:

    http://thelawdictionary.org/shall/


    I think of it this way:

    God said: Thou shall not kill.

    I don't think: Thou probably shouldn't kill has quite the same effect

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