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Does a civil judgment entered in federal court have a statute of limitations?

Quincy, MA |

on january 21, 1990 a bank received a judgment against me in federal court> I wqas told the jugment had 20 years to be enforced. Does the time expire in January, 2010?

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Attorney answers 1


In a good number of states a proceedings in aid of a judgment or execution shall be governed by the procedure of the state in which the district court sits, at the time that the remedy is sought. However, there is a five year federal limitation time on judgments. Federal Rule of Civil Procedure 69 also provides that an applicable federal statute will supersede the state procedural rule. [As you can see the federal and state courts are in a fight about which jurisdiction is more important.] This is therefore a very difficult question. It should be given some legal research priority by a MA attorney. I would argue that a statute of limitations is not a state procedural rule and is rather a substantive part of the state law.

So, your answer is not an easy one and you should be suspect of any answer you get in an online forum because no attorney-client relationship exists to support the answer.

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No one can know what the record is in the case because online we cannot find out any details of what laws supported the judgment and what were the details of the entry of same.

You need a lawyer so get one. ASAP!

Good luck to you.

God bless. I am in Chicago.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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