Hello senecaman,
I should emphasize the disclaimer at the bottom of this page, which
indicates that answers and comments on Google Answers are general
information, and not intended to substitute for informed professional
legal advice. If you need professional legal advice on this issue,
you should contact a lawyer.
My research indicates to me (as a layperson, not a lawyer) that these
statutes -- Section 2A:14-5, N.J.S.A. and Section 2A:17-3, N.J.S.A --
require revival of judgment within twenty years in order to execute
upon the judgment after those twenty years.
I suppose you have seen the statutes already, but for easy reference,
here are links to the text:
"New Jersey Permanent Statutes - TITLE 2A - Administration of Civil
Justice - 2A:14-5. 20 years; judgments"
New Jersey Legislature
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=43527456&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={256}&softpage=Doc_Frame_PG42
"New Jersey Permanent Statutes - TITLE 2A - Administration of Civil
Justice - 2A:17-3. Issue of execution without revival of judgment"
New Jersey Legislature
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=43527388&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={3A1}&softpage=Doc_Frame_PG42
I searched for cases citing these statutes on LexisNexis Academic (
http://web.lexis-nexis.com/universe/ , available through some academic
institutions). One case, New Brunswick Savings Bank v. Markouski, 123
N.J. 402, 412, 587 A.2d 1265, 1270 (1991), states:
"A recorded judgment is effective for twenty years. N.J.S.A. 2A:14-5.
A judgment may also be revived, N.J.S.A. 2A:14-5, and execution may
issue, N.J.S.A. 2A:17-3, within that period."
Two other cases discuss Section 2A:14-5 as follows -
Hoppe v. Ranzini, 158 N.J. Super. 158, 169, 385 A.2d 913, 919 (1978):
"It is not without significance that had a judgment been obtained
against DePoe, it would have been valid for 20 years, and, in an
appropriate proceeding, might have been extended for another 20 years.
N.J.S.A. 2A:14-5; Ehnes v. Weldon, 13 N.J. Super. 23 (App. Div. 1951),
certif. den. 7 N.J. 577 (1951); Twist v. Woerst, 101 N.J.L. 7 (Sup.
Ct. 1925)."
Cumberland County Welfare Board v. Roberts, 139 N.J. Super. 126, 129
352 A.2d 621, 623 (1976):
"The prescriptive period for the bringing of an action on a judgment
is 20 years. N.J.S.A. 2A:14-5. Such judgment may be revived for an
additional period of 20 years provided a proper proceeding or action
of law is brought within 20 years of its entry. Id."
Another excerpt, relating to Section 2A:17-3, might relate to this
issue. Vitale v. Hotel California, Inc., 184 N.J. Super. 512, 522,
446 A.2d 880, 885(1982), states:
"... there is no limit to the number of executions that conceivably
could issue within 20 years after a judgment was entered until the
judgment is satisfied, see N.J.S.A. 2A:17-3 ...."
From my reading -- and again, this is just a Google Answers
Researcher's reading, not a lawyer's reading -- it seems that a
recipient of a judgment can seek to execute on it any time within 20
years after it was rendered. That person can also, within that 20
years, seek to revive the judgment for another 20 years. But
otherwise, after the initial 20 years, that person would be out of
luck.
You can see a recent order on a motion to revive judgment (within 20
years) here:
"Playboy/Elsinore Associates v. Martin" (Hon. Carol E. Higbee, Sept.
12, 2003)
New Jersey Judiciary
http://www.judiciary.state.nj.us/higbee/Playboy031002.htm
- justaskscott
Search strategy:
Searched on Google for:
"2A:14-5"
"2A:17-3"
"new jersey" laws
Searched on LexisNexis Academic's New Jersey case law for:
"2A:14-5"
"2A:17-3" |
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