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Post-judgment defense

A money judgment doesn't last forever. Each state sets its own statute-of-limitations on how long a creditor has to enforce the judgment, and a separate procedure for renewing it. Stale judgments can sometimes be set aside; collector misconduct in connection with a garnishment may trigger FDCPA liability.

Judgment statute-of-limitations — varies by state

Civil money judgments expire after a state-specified period — typically 5 to 20 years. Many states allow renewal by motion before the original judgment expires, but procedural requirements vary. Each state page on this site flags the cap statute; the SoL and renewal procedure are part of the next research wave.

FDCPA overlay when a debt collector is involved

If a third-party debt collector is enforcing a judgment (not the original creditor), the federal Fair Debt Collection Practices Act applies. 15 USC §1692e (opens in a new tab) prohibits false or misleading representations; 15 USC §1692f (opens in a new tab) prohibits unfair collection practices. Common FDCPA violations in connection with garnishment include misrepresenting the amount owed, threatening enforcement that the collector cannot legally take, or attempting to garnish under an expired or vacated judgment.

Stale-judgment revival attempts

Debt collectors sometimes attempt to revive judgments that have expired or been satisfied. Where this happens, options include (a) motion to vacate the writ, (b) motion to satisfy the judgment (if paid), and (c) FDCPA claim against the collector. Procedure varies by state — consult a consumer-finance / consumer-bankruptcy attorney in your state.

This pillar is a procedural overview

Post-judgment defense is a fact-intensive area. Use the decoder for cap math; use the state pages for cap statute + claim-of-exemption forms; for SoL questions, judgment revival, and FDCPA liability, talk to an attorney. Free state-bar lawyer-referral services are linked on every state page and on /lawyer-match.

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