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Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6391
Experience:  20 years of professional experience
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I was told by an attorney that my federal bk judgment based

Customer Question

I was told by an attorney that my federal bk judgment based upon fraud was good for 20 years and now I am finding out it may not be. I should have renewed it a couple of months ago but I based what I did on their advice. Can I revive the judgment - the
last writ of execution was issued in 10/14. I believe the judgment may have expired 7/15 when the 10 years ran out. What is the proper form or motion in federal court to revive the judgment to proceed on the claim as I was frauded out of a lot of money and
the debtor was about to pay a 25% to settle and the attorney asked for the renewal.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Maverick replied 1 year ago.

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Expert:  Maverick replied 1 year ago.

Money judgments automatically expire (run out) after 10 years. To prevent this from happening, you (as the judgment creditor) must file a request for renewal of the judgment with the court BEFORE the 10 years run out. If the judgment is not renewed, it will not be enforceable any longer and you will not be able to get your money. Federal courts apply state law on this issue and this is the law in CA. Unlike in some other states, I did not find a CA provision for reviving an expired judgment. See law here.

In In Re Levander, the Ninth Circuit held that the federal courts apply the law of the domicile in the enforcement of a judgment.