If a party has a default judgment against them from the State of NY in 2004, and the creditor failed to collect upon execution of the judgement, BUT the creditor moved to Florida in 2007, and no attempt has been made to collect on this execution up untill 2011.
Which states statute of limitations would apply?
@Mr Suhadaj Does this statute not apply?? N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 - Limitations of Time: 214. Actions to be commenced within three years: for non- payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical or dental malpractice; to annul a marriage on the ground of fraud.
NY, which is 10 years.
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NY statute of limitations apply. But statute of limitations are not based on the code you cited, because that is how long the creditor has to file suit. However, you have stated a default judgment was already entered. As such, the NY statute states a judgment is valid for 10 years. And then there is the issue of renewing. For example, in California, a judgment is good for 10 years, but can then be renewed for an additional 10 years over and over again, and as such, if the creditor takes the appropriate actions, a judgment in California is good forever. I hope this helps.
You need to contact a NY attorney to find out how long a NY judgment can be enforced. Also, you need to find out if the judgment has been filed in Florida where you now live. IF it has been filed in Florida, a new deadline will now exist. Either way, you need to seek the advice of an attorney. I am in your local area.