Legal Question in Civil Litigation in Pennsylvania

What is the statute of limitations for a judgment in Pennsylvania? Some websites say 4 years, one says six years and an attorney told me 5 years. When must the judgment be renewed to stay alive?


Asked on 7/28/10, 3:33 am

3 Answers from Attorneys

John Davidson Law Office of John A. Davidson

A judgment is good for 5 years and then it can be renewed for another 5 years. Why wouldn't you believe an attorney over some website?

{John}

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Answered on 8/02/10, 4:43 am
Arkady "Eric" Rayz, Esquire Kalikhman & Rayz, LLC

In Pennsylvania, execution on a judgment against real estate may be issued within five (5) years after the entry of judgment or within five (5) years after the last entry of revival. The Pennsylvania Supreme Court has held that, if the revival is not filed timely, the creditor loses priority, but otherwise, the judgment remains intact. In other words, so long as the creditor periodically "revives" the judgment, it will never expire. On the other hand, execution against personal property may be issued within twenty (20) years following entry of judgment and there is no revival that's applicable for personal property execution. Not many attorneys know of the difference between the two types of execution proceedings, which is why you will find a lot of conflicting information on the web.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 8/02/10, 6:35 am

I think you are confusing the statute of limitations with revival of a judgment. Statutes of limitations vary by the nature of the cause of action and can be as little as 6 months to 21 years.

Once a judgment is entered, it become a lien on real and personal property. What the above attorneys stated is correct. A judgment needs to be revived after 5 years to continue on real property. For personal property, it continues for 20 years. However, it can only stay on your report for 7 years after its entry. Just because a judgment is not revived or comes off your credit report does not mean that it ever goes away. It stays on record forever until it is marked satisifed or you file bankruptcy

If you have a judgment against you and you need help resolving it, for a reasonable fee, outside of bankruptcy, feel free to contact me.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC

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Answered on 8/03/10, 2:31 pm


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