A NEW WAY TO RENEW A JUDGMENT

October 6, 2010 § Leave a comment

MCA § 15-1-43, has long provided that a judgment is enforceable for seven years from the date of rendition.  The only method to extend the judgment lien beyond seven years was to file another suit to renew the judgment within the seven-year period in the couty where the original judgment was entered or where venue would otherwise be proper.  Lloyd v. Bank of the South, 796 So.2d 985 (Miss. 2001).

The legislature amended MCA § 15-1-43, effective July 1, 2010, to create a more streamlined procedure that eliminates the need for a renewal lawsuit.  H.B. 277.  It is one of several new laws that affect your Chancery practice, most of which went into effect July 1, 2010, and are listed here.

To renew a judgment under the new procedure, one files a notice with the clerk of the court that rendered the judgment.  The notice should be in substantially the following form:

NOTICE OF RENEWAL OF JUDGMENT OR DECREE

(a)  Notice is given of renewal of judgment that was rendered and filed in this action as follows:

(i)  [Date that the original judgment was filed];

(ii)  [Case number of such judgment];

(iii)  [Judgment was taken against];

(iv)  [Judgment was taken in favor of];

(v)  [Current holder of such judgment];

(vi)  [Current amount owing of such judgment].

(b)  If applicable, that a Notice of Renewal of Judgment or Decree has been previously filed with the clerk of the court on [date].

The clerk enrolls the renewal in the same manner as an original judgment, and the renewal is effective as of the date of filing with the clerk.  The right to file suit to extend a judgment continues unimpaired.

At the time of filing notice, the judgment creditor or attorney must file an affidavit setting out the name and last known post office address of the judgment debtor and judgment creditor.  The clerk shall “promptly” mail a copy of the notice to the judgment debtor at the address provided, and shall make a notation of mailing on the docket.  The notice shall include the name and address of the judgment creditor and attorney, if any.  The judgment creditor may mail a copy and proof of mailing with the clerk.  Lack of mailing by the clerk does not affect the validity of the renewal if the judgment creditor files its own proof of mailing.

The renewed judgment is enforceable for seven years from the date of filing, and may be renewed in successive terms in like manner.

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