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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I currently co-own a pc of property in Sapulpa,okla with 2

Customer Question

I currently co-own a pc of property in Sapulpa,okla with 2 other people on the title. 12 years ago 1 person passed away, leaving a medical bill lein filed by a nursing home. It was filed in 2001. the person passed in 2003. The remaining 2 parties are asking if there is a statute dismissing this lien debt?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under OK law, a judgment is good for 5 years unless it is renewed. See: OK statute §12-735. Must be issued within five years or judgment becomes unenforceable - Inapplicable to municipalities or child support judgments.
A. A judgment shall become unenforceable and of no effect if, within five (5) years after the date of filing of any judgment that now is or may hereafter be filed in any court of record in this state:
1. Execution is not issued by the court clerk and filed with the county clerk as provided in Section 759 of this title;
2. A notice of renewal of judgment substantially in the form prescribed by the Administrative Director of the Courts is not filed with the court clerk;
3. A garnishment summons is not issued by the court clerk; or
4. A certified copy of a notice of income assignment is not sent to a payor of the judgment debtor.
B. A judgment shall become unenforceable and of no effect if more than five (5) years have passed from the date of:
1. The last execution on the judgment was filed with the county clerk;
2. The last notice of renewal of judgment was filed with the court clerk;
3. The last garnishment summons was issued; or
4. The sending of a certified copy of a notice of income assignment to a payor of the judgment debtor.
C. This section shall not apply to judgments against municipalities or to child support judgments by operation of law.
So you would have to file in court to vacate the lien and judgment if they never took action on enforcing the lien.

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