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LadyLawyer12
LadyLawyer12, Lawyer
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Experience:  Practicing attorney with over 8 years experience in civil and criminal law
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I currently have a judgment in Virginia that the SOL has run

Customer Question

I currently have a judgment in Virginia that the SOL has run out on. I have just learned that an attorney in Maryland had a Foreign Judgment entered here in Maryland in 2011. The original judgment in Virginia was entered in 2003. All the SOL ran out in Virginia, when a foreign judgment is entered in Maryland does it get a brand new statute of limitations or does it carry the statute of the state it was originally filed in?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is Lucy and I'd be happy to answer your questions today.

Virginia law provides that a judgment is good for 20 years. Code of Virginia, Section § 8.01-251. Ten years is the amount of time that a person has to try to foreclose a lien after it's recorded with the county, but the judgment itself is valid for 20 years. The judgment can also be extended for another 20 years. If the judgment had expired in Virginia, he would have to renew it before he could ask a judge in another state to domesticate it.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

This was a judgment for non payment of rent. This judgment was issued in The General District court of Henrico county. Which means it's governed by this va statute:


 


§ 16.1-94.1. Limitations on enforcement of district court judgments.


For judgments entered in a general district court on or after January 1, 1985, no execution shall be issued or action brought on such judgment, including a judgment in favor of the Commonwealth, after ten years from the date of such judgment except as provided in § 16.1-69.55 B 4.


(1983, c. 499.)


 


 


I thank you for your help and I don't mean to be rude but I'm looking for an answer that alluded me in my own research.....so I need a professional knowledgeable of Maryland Foreign Judgment laws. Also the 2nd question was never answered "Does the Foreign Judgment get a new life cycle and SOL or does the original state's SOL carry over".

Expert:  Lucy, Esq. replied 1 year ago.
I apologize that I did not realize that your judgment was entered in the district court. I did not respond to the second part of the question because it wasn't relevant if there was still 10 years left on the original judgment.

MD Code, Courts and Judicial Proceedings, § 11-802 requires the judge of the MD court where a foreign judgment is filed to enforce it the same as if it had been issued in that court. That means that the judgment is valid for 12 years, just as if it had been originally entered in Maryland. Unfortunately, that means that the domesticated judgment in Maryland has not expired - they still have some time to collect it.
Customer: replied 1 year ago.

Does section (2) of this code clearly interpret to say the statute restarts or defaults to new state's statute? The Foreign Judgment was issued in 2003 and filed in Maryland in 2011, 8 years later. The VA code says enforcement action must be taken within 5 years for this kind of contract. Is filing in another state enforcement action?


 

Expert:  Lucy, Esq. replied 1 year ago.
An enforcement action is not the same as domesticating- the domestication statutes actually state that an enforcement action is a separate option.

The phrase "statute of limitations" is not correctly used in this context, so the statute does not use that phrase at all. That's because the statute of limitations is only the time that a person has to file a suit. Once it's filed, the statute of limitations no longer applies. So, you won't see that phrase anywhere. The statute does not state anything with regard to enforcement, but the general rule is that a judgment is enforceable for 12 years from the date that it is entered, so if a judge enters an order domesticating a foreign judgment, the implication is that it would be enforceable for 12 years from the date on the order. The statute does not require the judge to backdate a domestication to the date the original order was entered.
Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Lucy, Esq. replied 1 year ago.
What part of the answer would you like explained or clarified?

The Virginia judgment can be enforced in Maryland, because the domestication was requested prior to the date the judgment expired. A domestication is not an enforcement action, per the statute. Also, quite honestly, if you did not raise that argument in 2009, even if a domestication were an enforcement action (which it isn't), it would be too late to raise that argument now. They have an order in Maryland, and they're allowed to collect it.

I apologize that this is certainly not the information you were hoping for, but that is what the law says. They still have time to enforce the judgment. The only way to know for certain how much time is to look at the date of the order entered in May 2009 - but it is most likely dated May 2009, meaning that they have until May 2021. No, it's not fair, but it is legal.

If you have additional questions, please use the reply feature so that I have the opportunity to address your concerns, because that is the only way I receive any compensation for my time. My goal is to work with you until you are 100% satisfied.
Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  LadyLawyer12 replied 1 year ago.
Good morning. Do you still need assistance?
Customer: replied 1 year ago.

Yes

Expert:  LadyLawyer12 replied 1 year ago.
I have reviewed the previous experts answer. Please let me know what exactly you need help with.

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