How Many Times Can a Judgment Be Renewed in California?
In the state of California, when a court issues a judgment in favor of a creditor, it is not always easy to collect the money owed. Sometimes, debtors are unable or unwilling to pay the judgment immediately. In such cases, the creditor may wonder how long they have to enforce the judgment and how many times they can renew it. This article will delve into the details of judgment renewal in California, including the process and the limitations involved.
Renewing a Judgment in California
In California, a judgment is valid for ten years from the date it is entered by the court. However, it does not mean that the creditor has ten years to enforce the judgment. If the judgment is not enforced within two years from its entry, it becomes dormant. Once a judgment becomes dormant, it can no longer be enforced without the creditor taking the necessary steps to renew it.
To renew a judgment in California, the creditor must file an Application for Renewal of Judgment with the court before the initial ten-year period expires. This application must include information such as the original judgment amount, any accrued interest, and any payments made towards the judgment.
Once the application is filed and approved by the court, the judgment will be renewed for an additional ten years from the date of the renewal. This means that the creditor will have another ten years to enforce the judgment and collect the money owed.
Limitations on Judgment Renewal
While a judgment can be renewed multiple times in California, there are limitations to how many times it can be renewed and how long it remains enforceable.
1. Maximum Renewals: A judgment can be renewed as many times as necessary, as long as the creditor follows the renewal process within the given time frame. There is no limit on the number of times a judgment can be renewed.
2. Time Frame: Each renewal extends the enforceability of the judgment for another ten years from the date of the renewal. However, it is important to note that the total enforceable period of a judgment, including renewals, cannot exceed 20 years from the date of its entry.
Frequently Asked Questions
Q: Can I renew a judgment that has already expired?
A: No, once a judgment has expired, it cannot be renewed. It is essential to renew the judgment within the ten-year period to maintain its enforceability.
Q: Can I collect interest on the judgment during the renewal process?
A: Yes, the judgment accrues interest at the statutory rate during the renewal process. This accumulated interest should be included in the Application for Renewal of Judgment.
Q: What happens if the debtor pays a portion of the judgment during the renewal period?
A: If the debtor makes partial payments towards the judgment during the renewal period, the creditor must deduct those payments from the original judgment amount when filing the Application for Renewal of Judgment.
Q: Can I enforce a judgment after it has expired and cannot be renewed?
A: Once a judgment has expired and cannot be renewed, it becomes unenforceable. However, the creditor can seek legal advice to explore alternative options for collecting the debt.
Q: Are there any exceptions to the renewal process?
A: Yes, certain judgments, such as child support and spousal support judgments, do not require renewal and remain enforceable indefinitely.
In conclusion, a judgment in California can be renewed multiple times within the given time frame. By following the renewal process and filing an Application for Renewal of Judgment, the creditor can extend the enforceability of the judgment for another ten years. However, it is crucial to renew the judgment within the initial ten-year period to avoid it becoming dormant. If you have any questions or need further assistance regarding judgment renewal in California, it is advisable to consult with an attorney specializing in debt collection.