Generally speaking, money judgments in Georgia are collectable for seven years after they are entered by a court and can be renewed for additional seven year periods. Once seven years have elapsed without renewal of the judgment, the judgment becomes "dormant" and uncollectable. Creditors may "revive" judgments that have gone dormant by filing with the court a petition for a writ of scire facias (literally translated from Latin as "cause him to know") within three years of the judgment becoming dormant.
Many judgments that were taken during and in the aftermath of the "Great Recession" (approximately December 2007 through June 2009) are now dormant under Georgia law. Most of these dormant judgments are now in the three year period when the creditor can seek to revive it.
If you are served with a petition for writ of scire facias, I strongly recommend that you have it reviewed by counsel. You have procedural and substantive rights to defend such a petition. In addition, there may be defects in the underlying judgment. That means that there may still be an opportunity for you to fight the writ and let the judgment remain dead and, therefore, uncollectable.
If you have been served with a petition for a writ of scire facias, give us a call to discuss your options.
Tinakon Sananikone 7/9/2018 07:16:39 amI received a petition for scire facias to revive dormant judgment from Discover card. The judgment entered in this case is more than seven years old dormant
James Birney 12/3/2018 08:10:49 pmreceived a writ of scire facias from colorado. judgement date is dec.27, 2012. can i fight this?
Valerie Evans 7/30/2021 01:02:34 pmI received a letter from dmv threatened to suspend my license from a default judgement from 21 urs ago in Georgia what ca I do?
6/15/2022 07:48:03 pmI have secure judgement on my vehicle I can’t get my tags for my car Kolb enterprises been sueing me sence 2006 he put a lien on my home twice I didn’t know in October 6 2021 I found out he put a secure judgement lien on my vehicle and I’m still making payments on my vehicle
Denandias Watson 7/30/2022 05:45:10 pmI had a judgement enter against me in 2005 for an hit and run incident that the opposing insurance company had a lien put on my license that I never knew about until just recently when I went to apply for my driver license. What can I do to resolve this issue ?