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Huh? A judgment means you already filed suit and won. So how could there be a statute of limitation?
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A judgment in one's favor means the court agreed with you and you may now legally begin collecting the money. It doesn't mean a magical unicorn automatically places the money in your bank account.
So yes, a judgment can prescribe after a certain amount of time, if you don't take steps to get the money/ property/ whatever.
by annstarrr on January 6th, 2010
Again, IF YOU HAVE A JUDGMENT, THE STATUTE OF LIMITATIONS IS IRRELEVANT.
The statute of limitations is an affirmative defense to a lawsuit. It is a period of time set by statute in which you have an absolute right to file a meritorious lawsuit.
“A judgment in one's favor means the court agreed with you and you may now legally begin collecting the money.” This is correct. And the judgment only comes AFTER A LAWSUIT IS FILED. Since a statute of limitations is the time in which a lawsuit MUST be filed in order to avoid giving the defendant an affirmative defense, the statute of limitations period is irrelevant ONCE YOU HAVE A JUDGMENT.
“So yes, a judgment can prescribe after a certain amount of time, if you don't take steps to get the money/ property/ whatever.” First, a judgment may PROSCRIBE, but it will never “prescribe[].” Second, although a judgment does expire, that is not a statute of limitation.
Let me give you some free advice: if you are going to be condescending to a lawyer regarding the law, you should make sure you know what you are talking about first.
by Anonymous on January 11th, 2010