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.