Can I revive a discharge of judgement lien after ten years? How? 5 Answers as of July 02, 2015

Can an unavoidable judgement lien discharged back then be revived after ten years?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
In California judgements expire naturally after 10 years unless the creditor renews it. The renewal has to be a noticed motion, so as long as the creditor has you address you should get notice. In California this process has nothing to do with bankruptcy. If you filed for bankruptcy and the debt was declared non-dischargeable, that can never be changed. If the math was such that the judgement lien could not be avoided when you filed, that can not be fix now either - unless you file a new bankruptcy and the math works for you now. You can only avoid a judgement lien to the extent it impairs your exemption. If I were you I'd wait a bit if the property is your residence. The California legislature is moving to make the homestead exemption 300K for everyone.
Answer Applies to: California
Replied: 7/2/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
In most states, judgment liens can be renewed, if submitted in a timely manner. In Nevada, the size of the judgment lien and the court in which the judgment was granted, determine the amount of time to renew the judgment lien. Judgment liens can be like Vampires, and can have eternal life.
Answer Applies to: Nevada
Replied: 7/1/2015
Ronald K. Nims LLC | Ronald K. Nims
It can be revived by the court where the judgment was obtained.
Answer Applies to: Ohio
Replied: 7/1/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
A very committed creditor can pursue a judgment debtor after ten years. If you are eligible under sec. 806.19, Wis. Stats. to avoid (nullify or satisfy) the judgment lien, the passage of time will probably not disqualify you from using that statute to be rid of a judgment lien based on a judgment discharged in bankruptcy. I do not know what an 'unavoidable' judgment may be. Is it judgment for a non-dischargeable debt? If so, you cannot properly avoid it under the Wisconsin statute mentioned above.
Answer Applies to: Wisconsin
Replied: 7/1/2015
Thomas Vogele & Associates, APC | Thomas A. Vogele
A judgment must be renewed or it lapses. If the judgment creditor renews the judgment within the allotted time frame, the judgment will remain valid until it is paid. The fact that its been ten years is not dispositive because it may be renewed any time after five and each renewal is for a five year period. Thus, if the creditor renewed the judgment after seven years, it would remain valid for two more years, assuming it was entered ten years ago. Check the Secretary of State records for the status, or have your lawyer do a records search to see if it was renewed.
Answer Applies to: California
Replied: 7/1/2015
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