renew the expired judgment
Date: Mon, 12/28/2009 - 15:07
I assume that you originally obtained the judgment in 1997. Un
I assume that you originally obtained the judgment in 1997.
Unfortunately, if you allowed the judgment to expire without reviving it pursuant to the Rules of Civil Procedure, then that judgment is no longer enforceable. If you had missed the deadline by a few days or weeks, and had good cause for such lapse in time, a judge might grant you an extension to file. But considering that you should have revived the judgment over 2 years ago, I don't think any judge will allow you to re-open that case.
You cannot file a *new* case, because the debt has already been reduced to judgment once. Just like "double jeapordy", you can't get two different judgments on the same debt. Besides, seeing as that the original debt would have been incurred before 1997, the same statute of limitations would apply (5-10 years), and a new case would definitely fall outside those timelines for filing.
I'm sorry to say, but consider this a lesson learned.
My deceased father had a large non-dischargeable judgement expir
My deceased father had a large non-dischargeable judgement expire while it was being watched over by a trustee that had a lawyer from a large, respected law firm counseling him regarding the estate/trust matters. At the time it expired, the trustee and attorney were focused on removing an attorney pursuing (with overwhelming evidence) breech of fiduciary/ trustee removal proceedings via a (false) conflict of interest removal that commenced after former was commenced and succeeded in their removal from the casebefore conclusion. Intent was to keep trustee installed and billable hours going for big firm/attorney in my researched opinion. Is their a case to collect on said judgement from lawyer and firm or is it just extinguished and time to move on?
