Re: please explain this statute about SOL for judgment

Posted by LadynRed (199.91.33.254) on October 27, 2003 at 17:55:06:

In Reply to: please explain this statute about SOL for judgment posted by Marcy on October 27, 2003 at 17:46:07:

What was the original filing date ?
What was the date or dates for garnishment orders ?

This is the relevent section:
"if five years have intervened between the date of the last renewal affidavit filed or execution proceedings undertaken on the judgment and the time of filing another renewal affidavit or undertaking execution proceedings on it, the judgment, including court costs and fees therein shall become dormant, and shall cease to operate as a lien on the real estate of the judgment debtor. Except as provided in subsection (b), when a judgment becomes and remains dormant for a period of two years, it shall be the duty of the clerk of the court to release the judgment of record when requested to do so."

It becomes dormant as long as no execution orders have gone thru before the 5 yr period is up. It must REMAIN dormant for 2 years before the judgment can be released.

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