QUESTION
Are there statutes of limitations after a judgement has been filed?
Asked on May 14th, 2013 on Bankruptcy - North Carolina
More details to this question:
I defaulted on a credit card in 2004. Judgement was filed November 2004. At that time the principal was $2,491.14, now the amount is $9,335.87. My bank has been garnished. I don't know whether to go bankrupt or just leave it alone.
1 ANSWER
Yes and no. Statutes of limitation govern when a person who has a claim must sue. After entry of judgment, the statute is irrelevant. Judgments last FOREVER. However, there are restrictions as to how long a judgment can be enforced through the execution process. For example, in NC, judgments can be enforced against real and personal property (including bank accounts) for 10 years unless renewed. If renewed, then the judgments remain in force for another 10 years. In PA, judgments against real property remain in force for 5 years but can be renewed every 5 years. For personal property judgments are good for 20 years. In GA, judgments are good for 7 years but can be renewed. In your case, the judgment was entered in 2004 so the statute of limitations has nothing to do with this. your bank account was seized, which means that you did not seek to file exemptions (if applicable) or otherwise protect your account. You would be foolish to put any more money in that account and have it at risk of seizure. If you filed bankruptcy, the judgment could only be discharged if you filed a motion with the bankruptcy court to avoid the judgment lien. While this can be done, I don't know what kind of assets/income you have. Judgment liens can only be avoided to the extent that they impair your exemptions. Your exemptions will vary, depending on which state you are in, and if you have a lot of assets, a bankruptcy would not make sense at all. I have another suggestion - why don't you just settle this debt? Its going to cost you around $2000 to $2500 to file bankruptcy if this is in NC. It may be possible to settle the debt for close to that! Please contact me or another attorney if you wish to discuss resolution of this debt in a no-bankruptcy context.
Answered on May 17th, 2013 at 7:54 AM