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Renewing a California judgment under section 337.5(b) of the Code of Civil Procedure

Renewing a California judgment under section 337.5(b) of the Code of Civil Procedure is the topic of this blog post.

Many people believe that a California judgment is no longer collectible once 10 years have passed since the date of entry of the judgment.

That is not always true. In fact, Code of Civil Procedure § 683.020 states that, “Except as otherwise provided by statute, upon the expiration of 10 years after the date of entry of a money judgment or a judgment for possession or sale of property:

(a) The judgment may not be enforced.

(b) All enforcement procedures pursuant to the judgment or to a writ or order issued pursuant to the judgment shall cease.

(c) Any lien created by an enforcement procedure pursuant to the judgment is extinguished.”

However, what many people do not know is that a separate action on the judgment may be commenced after the 10 year enforcement period has expired, if the statute of limitations provided by Code of Civil Procedure § 337.5(b) has not yet expired. That statute of limitations is also 10 years. However, it does not begin run until the judgment has become final either upon expiration of the period within which an appeal may be taken, or, if an appeal is taken, upon the issuance of the remittitur when the judgment has been affirmed. See Hoover v. Galbraith (1972) 7 Cal.3d 519, 525-526.

And if the judgment debtor is absent from the state, the statute of limitations is tolled for the period of time they are absent pursuant to Code of Civil Procedure § 351.

This means that many California judgments that are considered not collectible may in fact be collectible simply by filing an action on the original judgment pursuant to the provisions of Code of Civil Procedure § 337.5(b).

And a judgment creditor is entitled as a matter of right to a judgment on the original judgment providing it is commenced within the 10- year statute of limitations period. See United States Capital Corp. v. Nickelberry (1981) 120 Cal.App.3d 864, 868.

Attorneys or parties in California who would like to view a portion of a sample complaint for an action on a judgment pursuant to the provisions of Code of Civil Procedure § 337.5(b) sold by the author can see below.

To view over 300 sample legal documents for California and Federal litigation sold by the author of this blog post visit: View over 300 sample legal documents for sale

The author of this article, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

Subscribe to my weekly newsletter with legal tips and tricks for California.  http://www.legaldocspro.net/newsletter.htm

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