13.6.2 Statutes of Limitations for Enforcement of Judgments

319 ALABAMA: Ala. Code § 6-2-32 (twenty years).

ALASKA: Alaska Stat. §§ 09.10.040 (ten years, action on a judgment or decree of any federal or state court), 09.10.200, 9.10.210 (may be restarted by written acknowledgment or promise, or by payment).

ARIZONA: Ariz. Rev. Stat. Ann. §§ 12-1551 (ten years after judgment is given, or after it is renewed by affidavit or by bringing an action on it, creditor may have a writ of execution or other process), 12-1612 (renewal by affidavit: within ninety days before the expiration of ten years, creditor may file affidavit in the prescribed form, and extend the judgment for another ten years; additional and successive renewals are possible), 12-545 (four years for out-of-state judgments, except support judgments), 12-549 (action on foreign judgment is barred if judgment is barred and unenforceable in home state).

ARKANSAS: Ark. Code Ann. § 16-56-114 (ten years).

CALIFORNIA: Cal. Civ. Proc. Code §§ 337.5(b) (West) (ten years, action upon the judgment of any federal or state court).

COLORADO: Colo. Rev. Stat. § 13-52-102(2) (twenty years, with unlimited revivals; county court judgments, six years); Colo. R. Civ. P. 54(h).

Note that a judgment lien is good for only six years, unless revived. Colo. Rev. Stat. § 13-52-102(1). See Wells Fargo Bank, N.A. v. Kopfman, 226 P.3d 1068 (Colo. 2010) (“While judgments in Colorado last for twenty years, judgment liens expire six years after judgment.”).

CONNECTICUT: Conn. Gen. Stat. § 52-598 (twenty years for execution to enforce a Connecticut state court judgment for money damages and twenty-five years for action based upon such a judgment, but, for small claims court judgment, ten years for execution, fifteen years for action based on judgment).

DELAWARE: Del. Code Ann. tit. 10, §§ 5072, 5073 (five years for execution on judgment, measured from date when judgment or an installment fell due). See Knott v. LVNV Funding, L.L.C., 95 A.3d 13 (Del. 2014) (Delaware’s five-year provision is not a statute of limitations for enforcing a judgment but merely specifies time period when a judgment can be enforced without moving to refresh it).

DISTRICT OF COLUMBIA: D.C. Code §§ 15-101 (twelve years for judgment of U.S. Dist. Ct. for D.C. or of D.C. Superior Ct.; revival permitted, if sought before expiration of the SOL), 15-103 (order of revival extends SOL for twelve years), 12-307 (action on foreign juidgment is barred if barred and unenforceable in home state).

FLORIDA: Fla. Stat. § 95.11 (twenty years for judgment of Florida court of record; five years for foreign judgment, or judgment of Florida court not of record). See also Fla. Stat. §§ 55.10 (judgment becomes a lien on real property upon recording; good for initial period of ten years, which can be extended, but not beyond the period provided for in section 55.081), 55.081 (judgment shall not be a lien on real or personal property after expiration of twenty years from date of entry of judgment), 55.204 (judgment lien on personal property becomes invalid after five years; within six months after the lapse of five years, creditor can obtain a new judgment and lien, good for another five years, but not beyond the time that the underlying judgment, order, decree, or warrant otherwise expires or becomes invalid pursuant to law).

GEORGIA: Ga. Code Ann. §§ 9-12-60 (judgment becomes dormant after seven years but is extended for another seven years by various execution efforts), 9-12-61 (may be revived within three years after dormancy), 9-3-20 (actions on judgments obtained outside the state, five years).

HAWAII: Haw. Rev. Stat. §§ 657-5 (ten years for judgment of any state court of record; extensions permitted if sought before dormancy; may not extend beyond twenty years from date of original judgment), 657-1(2) (six years for state court not of record, or foreign judgments).

IDAHO: Idaho Code §§ 5-215(1) (eleven years for action upon judgment of any state or federal court), 11-101 (execution may issue within ten years after entry or renewal of judgment, or twenty years for crime victim restitution).

ILLINOIS: 735 Ill. Comp. Stat. § 5/12-108(a) (seven years). See also 735 Ill. Comp. Stat. § 5/13-218 (may be revived any time within ten years after entry of judgment for consumer debt, twenty years for other judgments).

INDIANA: Ind. Code §§ 34-11-2-12 (judgments of all federal or state courts of record shall be considered satisfied after twenty years), 34-11-2-13 (action to recognize foreign country judgment must be brought within the lesser of ten years or the foreign country’s limitation period).

IOWA: Iowa Code §§ 614.1(5), (6) (judgment of any court of record, twenty years; courts not of record, ten years), 615.1A (judgments for rent, court of record twenty years, court not of record ten years; two years if judgment sold or otherwise assigned for value to a third party other than a federally chartered bank or credit union).

KANSAS: Kan. Stat. Ann. §§ 60-2403 (five years), 60-2404 (may be revived by motion within two years after dormancy).

KENTUCKY: Ky. Rev. Stat. Ann. §§ 413.090(1) (an action upon a judgment of this state, the United States, or any other state or territory must be commenced within fifteen years from last execution thereon), 426.035 (“An execution may be issued upon a judgment at any time until the collection of it is barred by the statute of limitation, although no execution may have been previously issued within a year and a day.”) (West).

LOUISIANA: La. Civ. Code Ann. § 3501 (judgment of any state or federal court, ten years from date judgment becomes final, may be revived within that time, unlimited number of ten-year revivals permitted; foreign judgment time-barred in its home state is time-barred in Louisiana).

MAINE: Me. Stat., tit. 14, § 864 (judgment of any state or federal court of record, or Maine justice of the peace court, twenty years).

MARYLAND: Md. Code Ann., Cts. & Jud. Proc. § 5-102(a)(3) (West) (twelve years after accrual; payment will extend period for three years).

MASSACHUSETTS: Mass. Gen. Laws ch. 260, § 20 (judgment is presumed paid and satisfied twenty years after it was rendered). See Ninth RMA Partners, L.P. v. Lyons, 24 N.E.3d 1062 (Mass. App. Ct. 2015) (table; text available at 2015 WL 668280) (statute is not a statute of limitations, and the presumption it creates is rebuttable).

MICHIGAN: Mich. Comp. Laws §§ 600.5809(3) (action founded upon judgment of court of record, ten years, except actions for support; court not of record, six years; if an action is brought upon the judgment within the prescribed period, the new judgment is subject to the ten- or six-year time limit), 600.5861 (foreign judgment time-barred in home state is time-barred in Michigan, except if cause of action in favor of Michigan resident).

MINNESOTA: Minn. Stat. §§ 541.04 (action upon a judgment of any state or federal court, ten years), 550.01 (judgment creditor or assignee may enforce judgment within ten years after entry of judgment).

MISSISSIPPI: Miss. Code Ann. §§ 15-1-43 (judgment of state court of record seven years; may be renewed by application made before expiration), 15-1-45 (foreign judgments of courts or record, seven years, except that if defendant was Mississippi resident at time action commenced, limitation is three years from date of judgment).

MISSOURI: Mo. Rev. Stat. §§ 516.350 (judgment of any court of record, except certain domestic relations judgments, ten years; ten-year revivals permitted).

MONTANA: Mont. Code Ann. §§ 27-2-201 (ten years, except for child support or criminal restitution), 25-13-101 (judgment creditor may enforce judgment by execution within the time period prescribed in section 27-2-201).

NEBRASKA: Neb. Rev. Stat. §§ 25-1515 (judgment becomes dormant on the later of five years after the date of entry or date of last execution), 25-1420 (dormant judgment may be revived; action to do so must be commenced within ten years after it became dormant), 25-205 (foreign judgments, five years).

NEVADA: Nev. Rev. Stat. §§ 11.190(1)(a) (a judgment of any state or federal court other than a judgment for criminal restitution, six years), 17.214 (renewal by affidavit filed within ninety days before judgment expires by limitation; successive renewals allowed).

NEW HAMPSHIRE: N.H. Rev. Stat. Ann. § 508:5 (all judgments, twenty years).

NEW JERSEY: N.J. Stat. Ann. §§ 2A:14-5 (New Jersey court of record, twenty years; foreign judgment, lesser of twenty years or the home state’s SOL), 2A:17-3 (execution may issue, without a revival of the judgment, at any time within twenty years after its entry) (West).

NEW MEXICO: N.M. Stat. Ann. §§ 37-1-2 (state court of record, fourteen years; federal judgments or those of courts of record of other states, lesser of fourteen years or the foreign period of limitations), 39-1-20 (an execution may issue at any time, on behalf of anyone interested in a judgment, within seven years after the rendition or revival of the judgment).

NEW YORK: N.Y. C.P.L.R. 211(b) (McKinney) (judgment is conclusively presumed to be satisfied after twenty years, but time extended by written acknowledgment or part payment).

NORTH CAROLINA: N.C. Gen. Stat. § 1-47 (all judgments, ten years).

NORTH DAKOTA: N.D. Cent. Code §§ 28-01-15 (any state or federal judgment, ten years), 28-20-23 (entry and docketing of an affidavit of renewal will continue a judgment for ten years), 28-21-01 (execution available for ten years after entry of judgment).

OHIO: Ohio Rev. Code Ann. § 2329.07 (West) (judgment becomes dormant unless one of specified enforcement actions is taken within five years; longer period for judgment in favor of the state). See also Ohio Rev. Code Ann. §§ 2325.15 to 2325.20 (revivor of judgments), 2528.17 (once action to revive judgment is filed, judgment shall be revived unless sufficient cause is shown to the contrary), 2528.18 (action to revive must be brought within ten years after the time judgment became dormant) (West).

OKLAHOMA: Okla. Stat. tit. 12, §§ 735 (judgment becomes unenforceable unless one of specified actions, including filing a notice of renewal, is taken within five years), 739 (to extend judgment by a notice of renewal, the notice must be filed prior to the expiration of the initial period). See also Okla. Stat. tit. 12, § 95 (foreign judgments, three years).

OREGON: Or. Rev. Stat. §§ 12.070 (judgment of any state or federal court, ten years), 18.180 (except for spousal support, judgment remedies expire ten years after entry), 18.182 (may be extended once for ten years by filing a certificate of extension), 18.194 (judgment remedies for civil judgment in justice or municipal court expire ten years after entry; may be extended once, for ten years, by filing certificate of extension).

PENNSYLVANIA: 42 Pa. Stat. and Cons. Stat. Ann. §§ 5525(a)(5) (four years for an action upon a judgment or decree of any state or federal court), 5526 (five years for action for revival of judgment lien on real property), 5529 (execution upon personal property must be issued within twenty years after entry of judgment).

RHODE ISLAND: R.I. Gen. Laws §§ 9-1-17 (judgments of any court of record, twenty years); 9-25-3 (executions available six years from entry of judgment or from the previous execution).

SOUTH CAROLINA: S.C. Code Ann. §§ 15-39-20, 15-39-30 (writs of execution available for ten years after entry of judgment).

SOUTH DAKOTA: S.D. Codified Laws §§ 15-2-6 (twenty years for an action upon a judgment or decree of any court of this state, except when a different limitation is prescribed by statute), 15-2-8 (ten years for judgment of federal or out-of-state court), 15-16-33 (judgment may be renewed at any time prior to expiration of ten years after it was docketed), 15-18-1 (judgment may be enforced for twenty years after entry).

TENNESSEE: Tenn. Code Ann. § 28-3-110 (ten years, actions on judgments or decrees of courts of record of this or any other state or government). See also Tenn. Code Ann. § 25-5-105 (judgment lien remains in force during the ten-year period provided by section 28-3-110); Tenn. R. Civ. P. 69.04 (providing for unlimited ten-year extensions; comments note that this procedure “allows the judgment creditor to avoid having the judgment become unenforceable by operation of 28-3-110”).

TEXAS: Tex. Civ. Prac. & Rem. Code § 34.001 (West) (ten years). See also Tex. Civ. Prac. & Rem. Code §§ 16.066 (action on foreign judgment barred in Texas if barred by SOL in foreign state; action against person who has resided for ten years in Texas may not be brought on foreign judgment rendered more than ten years before commencement of action in Texas), 31.006 (dormant judgment may be revived within two years of the date it became dormant) (West).

UTAH: Utah Code Ann. §§ 78B-2-311 (judgment of any state or federal court, eight years), 78B-5-202 (judgments continue for eight years from date of entry) (West).

VERMONT: Vt. Stat. Ann. tit. 12, §§ 506 (actions on judgments and actions for renewal or revival of judgments shall be brought by filing a new and independent action on the judgment within eight years after the rendition of the judgment, and not after), 2681, 2683 (executions available for eight years from entry of judgment or renewal), 2903 (judgment lien extended until termination of foreclosure action brought during the eight-year period; renewed or revived judgment is lien on real property for eight years).

VIRGINIA: Va. Code Ann. § 8.01-251 (all judgments, twenty years, may be extended for an additional twenty years by a motion made before dormancy).

WASHINGTON: Wash. Rev. Code §§ 4.16.020(3), (7) (all judgments, ten years), 6.17.020 (ten-year extension available if sought within 90 days before expiration of original ten-year period, but no judgment is enforceable more than twenty years after entry in originating court).

WEST VIRGINIA: W. Va. Code §§ 38-3-18 (ten years after date of judgment or date of last execution; action, suit or scire facias may be brought within this period), 55-2-13 (foreign judgment time-barred in home state is barred in West Virginia; foreign judgment against person who resided in West Virginia for the ten years preceding that action, ten years after the commencement of the action).

WISCONSIN: Wis. Stat. §§ 893.40 (twenty years for action upon judgment or decree of court of record of U.S. or any state), 893.42 (six years for court not of record), 815.04(1) (execution available five years after entry of judgment or date of previous execution; if more than five years have passed since last execution, or if execution is sought by one other than the judgment creditor, allowance of execution is discretionary with court; no execution after twenty years from entry of judgment).

WYOMING: Wyo. Stat. Ann. § 1-17-307 (judgment becomes dormant if no execution is issued within five years from the date of judgment entry or the previous execution). See also Wyo. Stat. Ann. § 1-3-105(a)(iii) (action on a foreign judgment incurred before the debtor resided in Wyoming must be brought within five years after a debtor establishes residence in Wyoming).

320 See § 3.7, supra (general discussion of statute of limitations defenses).

321 See § 17.5.3.4, infra.

322 See National Consumer Law Center, Fair Debt Collection § 16.2 (9th ed. 2018), updated at www.nclc.org/library.

323 See National Consumer Law Center, Fair Debt Collection § 16.3 (9th ed. 2018), updated at www.nclc.org/library.

324 See, e.g., Conn. Gen. Stat. § 52-598; Fla. Stat. § 95.11; Haw. Rev. Stat. §§ 657-5, 657-1(2); Iowa Code § 614.1(5), (6).

325 See, e.g., Kan. Stat. Ann. § 60-516; Okla. Stat. tit. 12, § 95(A)(2), (12); Tenn. Code Ann. § 28-1-112; Tex. Civ. Prac. & Rem. Code § 16.066 (West). But cf. Ford Motor Credit Corp. v. Kurz, 344 P.3d 1100 (Okla. Civ. App. 2015) (three-year statute of limitations for action on foreign judgment did not apply to judgment registered pursuant to uniform act).

326 See, e.g., Cal. Civ. Proc. Code §§ 360 (can be restarted by written acknowledgment or by payment), 360.5 (may be extended up to four years by written waiver during the limitations period; successive waivers permitted) (West); N.M. Stat. Ann. § 37-1-16 (restarted by payment, or written acknowledgment or new promise); Wis. Stat. § 893.45 (can be extended by acknowledgment in writing). See also Unifund CCR Partners Assignee of Citibank, N.A. v. Abright, 566 S.W.3d 594 (Mo. 2019) (funds garnished from debtor’s paycheck are a payment sufficient to revive the judgment and start new ten-year period). But cf. JM Sec. v. Mees, 519 S.W.3d 465 (Mo. Ct. App. 2017) (unilateral application of a credit by the judgment creditor to reduce the debt does not extend life of a judgment; here, judgment creditor did not meet its burden of rebutting debtor’s testimony that he had not made a payment or authorized anyone else to do so); Town & Country Jewelers, Inc. v. Sheriff, 2018 WL 2979792 (Tenn. Ct. App. June 13, 2018) (time-barred judgment debt could not be revived; debtor’s agreement to consent order making debt non-dischargeable in his bankruptcy case was not an acknowledgment of the debt that would extend the statute of limitations).

327 Smith v. Pallida, 2019 WL 919555 (N.D. Tex. Feb. 23, 2019) (where statute provides that judgment becomes dormant unless a writ of execution is issued within ten years, writ of garnishment is not sufficient); Irwin v. O’Bryan, 2018 WL 3973535 (W.D. Ky. Aug. 20, 2018) (fifteen-year statute of limitations can be extended by an execution during that period, but subpoena duces tecum seeking information about judgment debtor’s assets is not an execution), aff’d, 791 Fed. Appx. 588 (6th Cir. 2019); In re Calvillo, 2018 WL 2425967 (Bankr. W.D. Tex. May 24, 2018) (writ of execution will restart the clock only if delivered to the marshal; debt became unenforceable when writ was issued but was not delivered to marshal during the ten-year dormancy and two-year revival periods); New Century Bank v. McMillan, 413 P.3d 806 (Kan. Ct. App. 2018) (table; text available at 2018 WL 1352496) (dormancy clock is restarted by any attempt to execute on a judgment, even if, as argued here, the execution was void).

328 See, e.g., D.C. Code § 15-103 (order of revival extends statute of limitations for twelve years); Ga. Code Ann. § 9-12-61 (may be revived within three years after dormancy); Ohio Rev. Code Ann. § 2325.18 (West) (judgment may be revived within ten years after time when it became dormant; interest does not accrue during dormancy period even if judgment is later revived). See also Leib v. Thompson, Dunlap & Heydinger, Ltd., 2019 WL 358904 (S.D. Ohio Jan. 29, 2019) (dormant judgment that has not been revived is unenforceable; threat of garnishment violated FDCPA); In re Fiorenza, 2019 WL 262196 (D.N.M. Jan. 17, 2019) (defenses to the original judgment cannot be raised as a defense to revival; debtor may assert that the movant does not own the judgment, that debtor’s due process rights would be violated, or that the judgment has been discharged in bankruptcy); Knott v. LVNV Funding, L.L.C., 95 A.3d 13 (Del. 2014) (judgment can be refreshed even after five-year period has passed); Golden v. Puccinelli, 64 N.E.3d 1122 (Ill. App. Ct. 2016) (Illinois judgment becomes dormant after seven years but may be revived within twenty years, but provision making revival unnecessary if seven years run out while enforcement is in progress does not permit judgment to be extended beyond the twenty-year period); Franks v. Meyers, 28 N.E.3d 133 (Ohio Ct. App. 2015) (previous twenty-one-year period for reviving a judgment applies to judgment in existence when amendment reducing time limit to ten years was enacted). Cf. FDIC v. SLE, Inc., 722 F.3d 264 (5th Cir. 2013) (ex parte grant of revival of dormant judgment did not violate due process); Didehbani v. Turner, 2018 WL 6716548 (Tex. App. Dec. 21, 2018) (execution on a dormant judgment is voidable, not void; creditor could give good title to foreclosure purchaser even if debtor had not been validly served in the revival action).