Old Judgementa in PA

[akins503]

I had business that went bad in 2001. I had a lot of vendors that sued me because I they got me to sign personally. Anyway I got 10 or so judgements against me. I fended off the sheriff many times trying to execute. I never let them in my house. My attorney advised me to do this because you do not have to let them in. I guess they need a break and enter order to get in. None ever went that far. Long story short many of these judgements are past the PA 5 year mark. None of the judgements were revived. My question is can my creditors revive these judgements after the 5 year sol expires? Another wierd thing about my situation very few judgements ever showed up on my credit reports.

[direred]

If they got the judgment before the SOL is up, it has a new SOL -- the SOL of a judgment, which is usually longer and frequently renewable. You need to check your state's civil procedure for that, though.

[akins503]

If they got the judgment before the SOL is up, it has a new SOL -- the SOL of a judgment, which is usually longer and frequently renewable. You need to check your state's civil procedure for that, though.

I am talking about the judgement sol. It is 5 yrs in PA. None were renewed as of yet. I was wondering if anyone knew if they had to be renewed within the 5 yr period or if they could be renewed after the expiration.

[flacorps]

I can't opine on PA law, but I can point you in the right direction. Renewability is either by statute or by case law (in the latter instance, perhaps going back to the writ of scire facias for its common-law underpinnings).

If it's by statute, the PA statutes annotated will be a good place to look for blurbs about PA state court cases that construed the statute that provides for renewability in the event the statute isn't clear whether renewal must occur before or after expiry of the judgment. In some cases, judgments and liens can be renewed any time after expiration, with the only potential "loss" to the creditor being a loss of lien priority (meaning they go to the back of the line vis-a-vis other creditors).

You'll need to check with a BK lawyer on this, but IIRC the BK "reforms" did not affect individual debtors BKing for business debt, meaning the provisions establishing means tests that could force people into CH13 were not implemented in those cases. In other words, BK may be a good deal at some point if you fear these zombie debts could come back (or if they do--although BKing at a time of your choosing usually beats doing so when you have to).

[LadynRed]

Per PA stautes:

Any money judgment may be enforced by writ of execution against the personal property of a judgment debtor within 20 years after the entry of the judgment (42 Pa.C.S. § 5529.) and may become a lien on the real property of a judgment debtor in any county upon the entry into the record of the office of the Clerk of the Court of Common Pleas in the county where the property is situated. (42 Pa.C.S. § 4303.) Such lien is enforceable for a period of five (5) years and may be revived prior to its expiration. (42 Pa.C.S. § 5526(1).)

So, the JUDGMENT is good for 20 years, it's only the LIEN that expires after 5 years and must be revived.

If there are liens on real property:

§ 5526 -- Five year limitation

The following actions and proceedings must be commenced within five years:

1. An action for revival of a judgment lien on real property.

Unfortunately, annotated stautes for PA are not on-line, you'll have to go to a law library. You could also contact a cosumer attorney, this guy is pretty decent: http://www.pennlawyer.com.