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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I had a judgement which was filed on 02/24/03 and awarded on

Resolved Question:

I had a judgement which was filed on 02/24/03 and awarded on 03/20/03. The statute of limitations in Mo. is 10 years. It has not been revived and I recived a notice of garnishment today. The garnishment is for six months. Does the statute of limitations affect the garnishment? Does the garnishment only last untill the statute runs out?
Submitted: 3 years ago.
Category: Legal
Expert:  TexLaw replied 3 years ago.
The writ of garnishment was filed before the 10 year statute, which would start running from the date it was awarded (March 20, 2003). This revives the judgment by implication for ten years from the date the garnishment action was filed.
Customer: replied 3 years ago.

I talked to a bankruptcy attorney when they garnished me last year, and his advice was to wait out the statute. I was told they have to file for revival and that the garnishment did not do it. Why would he talk himself out of a client if the garnishment revived the judgement. I would have filed bankruptcy if I didnt think there was a chance it would all be over in less than a year.

Expert:  TexLaw replied 3 years ago.
What I'm telling you is the general common law position. I will check the Missouri law specifically to see if it differs.

It is of course also the general common law position that if the judgment expires, it will be too late to renew it. That would be great for you if it the writ of garnishment does not revive the judgment.

Please stand by and I'll be right back with you.
Expert:  TexLaw replied 3 years ago.
The law in Missouri states that "A garnishment payment "posted" within the period effectively revives the judgment" Crockett v. Polen, 225 S.W.3d 419 (Mo. 2007).

So, in your case, if a garnishment payment goes to the court before the statute of limitations, it will revive the judgment.

Please let me know if you have further questions. Please also consider rating my answer positively so that I am compensated for my time spent answering your question by the website.

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