The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. How long a judgment against you lasts depends on state law. But creditors can renew judgments, so you might be on the hook for a long time.
Question How long does a creditor have to collect on a judgment against me? Answer Usually, judgments are valid for several years before they expire or "lapse. When Does the Time Period Start? The time period is usually starts running from: the date of entry of the judgment the date that a creditor last tried to execute collect on the judgment, or the later date of either event. Renewing a Judgment Restarts the Cycle Potentially, a judgment can effectively become permanent; many states allow creditors to renew their judgments.
When a Judgment Lapses If a judgment creditor doesn't renew a judgment on time, then that judgment lapses. So, a creditor can't: garnish your wages attach your bank account seize your property, or make you appear for a debtor's examination.
Reviving Dormant or Lapsed Judgments If a judgment against you has lapsed, it probably hasn't gone away forever. Talk to a Bankruptcy Lawyer Need professional help? Original in the Court File The original signed judgment, whether written or a transcribed oral judgment, is kept in a registry file.
The judgment in the registry file is the official version of the reasons for judgment. In the event that there is a question about the content of a judgment, the original in the court file will prevail.
Copies of the original judgment can be obtained by contacting the court registry shown at the top of the judgment. A photocopying charge is payable.
Publication of Reasons for Judgment Judgments are generally available from this website 24 hours after they are released to the parties or their counsel. This website contains decisions of the Supreme Court of British Columbia since With the exception of a small number of oral judgments that have been circulated, this database does not include oral judgments.
Many of the reasons for judgment on this website were converted to a text format so all formatting, other than basic layout, has been removed Typographical errors will be corrected as they are identified. Hearing Lists. By this term is understood, in the state of Louisiana, a judgment which has been given after the parties have been heard, either in support of their claims or in their defence. A judgment is called contradictory to distinguish it from one which is rendered by default.
When for the defendant, the judgment, is for costs. In some penal and other particular actions the plaintiff does not, however, always recover costs. When the judgment is for the defendant, it is generally for costs.
In some penal actions, however, neither party can recover costs. This judgment is interlocutory in assumpsit, covenant, trespass, case and replevin, where the sole object of the action is damages; but in debt, damages not being the principal object of the action, the plaintiff usually signs final judgment in the first instance. These judgments are of two kinds, of affirmance and reversal.
When it is for the plaintiff in error, the judgment is that it be reversed or recalled. It is to be reversed for error in law, in this form, that it be reversed, annulled and altogether holden for nought. When the issue is one in fact and is tried by a jury, the jury at the time that they try the issue, assess the damages and the judgment is final in the first instance and is that the plaintiff do recover the damages assessed. When an interlocutory judgment has been rendered and a writ of inquiry has issued to ascertain the damages, on the return of the inquisition the plaintiff is entitled to a final judgment, namely, that he recover the amount of damages so assessed.
When the action sounds in damages and the issue is an issue in law or when any issue in fact not tried by a jury is decided in favor of the plaintiff, then the judgment is that the plaintiff ought to recover his damages without specifying their amount; for, as there has been no trial by jury in the case, the amount of damages is not yet ascertained. The judgment is then said to be interlocutory. To ascertain such damages it is the practice to issue a writ of inquiry.
When the action is founded on a promissory note, bond or other writing or any other contract by which the amount due may be readily computed, the practice is, in some courts, to refer it to the prothonotary or clerk to assess the damages. There is one species of interlocutory judgment which establishes nothing but the inadequacy of the defence set up this is the judgment for the plaintiff on demurrer to a plea in abatement, by which it appears that the defendant has mistaken the law on a point which does not affect the merits of his case; and it being but reasonable that he should offer, if he can, a further defence, that judgment is that he do answer over, in technical language, judgment of respondeat ouster.
When an issue arises upon a declaration or peremptory plea and it is decided in favor of the defendant, the judgment is, in general, that, the plaintiff take nothing by his writ, or bill, and that the defendant go thereof without day, etc. This is called a judgment of nil capiat per breve or per billam. The plaintiff obtains a rule on the defendant to plead within a time specified, of which he serves a notice on the defendant or his attorney; if the defendant neglect to enter a plea within the time specified, the plaintiff may sign judgment against him.
The motion for such judgment is made where after a pleading by the defendant in confession and avoidance, as for example, a plea in bar and issue joined thereon and verdict found for, the defendant, the plaintiff on retrospective examination of the record, conceives that such plea was bad in substance and might have been made the subject of demurrer on that ground. If the plea was itself substantially bad in law, of course the verdict, which merely shows it to be true in point of fact, cannot avail to entitle the defendant to judgment; while on the other hand the plea being in confession and avoidance, involves a confession of the plaintiff's declaration and shows that he was entitled.
In such case, therefore, this court will give judgment for the plaintiff, without regard to the verdict; and this, for the reasons above explained, is called a judgment upon confession.
Sometimes it may be expedient for the plaintiff to move for judgment non obstante, etc. In this case, no verdict is given, but the judgment of nonsuit passes against the plaintiff.
So if, after issue be joined, the plaintiff neglect to bring such issue on to be tried in due time, as limited by the practice of the court, in the particular case, judgment will be also given against him for this default; and it is called judgment as in case of nonsuit.
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