QUESTION
Is there a staus of limitation on civil judgements
Asked on Mar 01st, 2012 on Automobile Accidents - Virginia
1 ANSWER
Personal Injury Attorney serving Fall River, MA
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Yes, every state in the USA, has a statute of limitations on how long a debt can be collected. As in an automobile accidentt or personal injury claim, there is a statute of limitations on how long you could collect. There is nothing stopping you from ever collecting on a civil judgment, but if the opposing party's attorney looks at the judgment execution date and it has passed the statute of limitations and raises this is an affirmative defense, you will be barred from collecting on that debt or judgment. A civil judgment is simply the court stating that you have a legitimate debt owed to you, and debts have a statute of limitation on collection.
in your particular situation the following law applies: 2006 Code of Virginia § 8.01-251 - Limitations on enforcement of judgments:
8.01-251. Limitations on enforcement of judgments.
A. No execution shall be issued and no action brought on a judgment,including a judgment in favor of the Commonwealth and a judgment rendered inanother state or country, after 20 years from the date of such judgment ordomestication of such judgment, unless the period is extended as provided inthis section.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Mar 01st, 2012 at 12:34 PM