A dormant judgment is a court ruling that has not been enforced or executed within a specific statutory time frame. Essentially, it refers to a judgment that has lost its enforceability due to the passage of time. Once a judgment becomes dormant, the right to take legal action to enforce it is no longer available.
Dormant judgments are primarily relevant in civil law, particularly in cases involving debt collection. When a creditor obtains a judgment against a debtor, they typically have a limited time to enforce that judgment. If they fail to act within this timeframe, the judgment becomes dormant. Users can manage dormant judgments through legal forms and templates provided by services like US Legal Forms, which can help them navigate the necessary procedures.
Here are a couple of examples of abatement:
Example 1: A creditor wins a judgment against a debtor in 2018 but does not take any action to collect the debt for five years. By 2023, the judgment becomes dormant, and the creditor can no longer enforce it.
Example 2: A landlord obtains a judgment for unpaid rent but fails to file for enforcement within the statutory period. As a result, the judgment is considered dormant, and the landlord cannot pursue collection (hypothetical example).
| State | Statutory Period for Enforcement |
|---|---|
| California | Five years |
| New York | Twenty years |
| Texas | Ten years |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Dormant Judgment | A judgment that cannot be enforced due to the expiration of the statutory period. | Focuses on the inability to enforce due to time lapse. |
| Active Judgment | A judgment that is currently enforceable. | Can be enforced within the statutory period. |
| Default Judgment | A judgment entered against a party who fails to respond to a lawsuit. | Refers to the process of obtaining a judgment, not its enforcement status. |
If you find yourself dealing with a dormant judgment, consider the following steps:
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When a judgment becomes dormant, the creditor loses the right to enforce it, and the debtor cannot be legally pursued for the debt.