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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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michigan judgment. Statute of limitation ran on it Nov 2011.

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michigan judgment. Statute of limitation ran on it Nov 2011. (michigan has 10 year SOL-then can renew for another 10years. The underlying action was a contract.(6 years SOL) Was able to extract a garnishment 2010. Thus payment has been made against judgment balance in 2010.

Question is, we missed the renewal period to renew the judgment. Has the entire undelying claim now been extinguished? Because the money judgment sol ran. Or can we at least start a new litigation claim, based on the underlying note and the fact that recent payment HAS indeed been made under the contract SOL??
Am I sunk? yes. No? Need statutory authority and court rule if possible.
Submitted: 2 years ago.
Category: Legal
Expert:  JB Umphrey replied 2 years ago.
Hi and thank you for using JustAnswer!

I am sorry to learn of these circumstances. Am I correct to understand that the original judgment was entered in November 2001?
Customer: replied 2 years ago.
correct
Expert:  JB Umphrey replied 2 years ago.
Thank you.

I hate to be the bearer of bad news but if the judgment was not renewed before the existing judgment had expired, there is no recourse. Yes, you are sunk.

The applicable Michigan statute provides:

600.5809 Action to enforce noncontractual money obligations; limitations.
Sec. 5809.

(1) A person shall not bring or maintain an action to enforce a noncontractual money obligation unless, after the claim first accrued to the person or to someone through whom he or she claims, the person commences the action within the applicable period of time prescribed by this section.

(2) The period of limitations is 2 years for an action for the recovery of a penalty or forfeiture based on a penal statute brought in the name of the people of this state.

(3) Except as provided in subsection (4), the period of limitations is 10 years for an action founded upon a judgment or decree rendered in a court of record of this state, or in a court of record of the United States or of another state of the United States, from the time of the rendition of the judgment or decree. The period of limitations is 6 years for an action founded upon a judgment or decree rendered in a court not of record of this state, or of another state, from the time of the rendition of the judgment or decree. A judgment entered in the district court of this state before May 25, 1973, is a judgment of a court not of record. A judgment entered in the district court of this state on or after May 25, 1973, except a judgment entered in the small claims division of the district court, is a judgment of a court of record. Within the applicable period of limitations prescribed by this subsection, an action may be brought upon the judgment or decree for a new judgment or decree. The new judgment or decree is subject to this subsection.

(4) For an action to enforce a support order that is enforceable under the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, being sections 552.601 to 552.650 of the Michigan Compiled Laws, the period of limitations is 10 years from the date that the last support payment is due under the support order regardless of whether or not the last payment is made.

I assure you that you are not the first party who missed the deadline. There's simply no way to get around the statute.

There is no legal authority for a court to renew the judgment outside of the 10-year window.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

Please let me know if there is anything else I can provide to give you excellent service!"
Customer: replied 2 years ago.

What if the debtor has now moved to Florida? Can a new action be filed in Florida?

Or has the entire debt/contract now been extinguised by the running of the SOL of the money judgment here in Michigan. This is what I need additional clarity or confirmation on ..as far as my "sunk" position.

Expert:  JB Umphrey replied 2 years ago.
A new action cannot be filed because of the legal doctrine of res judicata (there's already been litigation on the matter) and because the statute of limitations for filing a new suit has lapsed.

One can no longer use the courts in an effort to collect the debt.

I hope this helps to clarify things.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
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