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?
Lawsuit / Dispute Attorney
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.
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