1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Judgement in Indiana statute

Discussion in 'Consumer Law, Contracts, Warranties' started by dfscrusher7, Aug 30, 2022.

Tags:
  1. dfscrusher7

    dfscrusher7 Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Indiana
    In 2009, I had a judgment against me for a book rental of $159 I received a letter from an attorney to pay it but isn't there a statute of limitations? Or should I just pay for it?
     
  2. adjusterjack

    adjusterjack Super Moderator

    Messages:
    10,808
    Likes Received:
    4,058
    Trophy Points:
    113

    Indiana judgments are enforceable for 10 years but can be renewed for another 10 years.

    Check your case file to see if the judgment was renewed.

    If the online docket is not clear you may have to visit the courthouse to review the case file.

    Or, if you want to avoid the hassle, pay it. Get something in writing from the attorney that payment of $159.00 is full and final settlement of the debt.
     
  3. army judge

    army judge Super Moderator

    Messages:
    35,014
    Likes Received:
    6,057
    Trophy Points:
    113

    The SOL doesn't apply to judgments.

    A judgment issued in Indiana is effective for ten years, and it can be renewed for an additional ten years, twenty years total.

    A limitation of action defense is an affirmative defense, so you can still be sued, and supplemental proceedings on a judgment can be entered against you even on an out of date, out of state judgment, unless the defendant appears and raises the defense.

    I can't decide if paying the $160 judgment is right for you.

    However, I'd have avoided the entire mess by paying before I was sued.

    That said, if I missed that train, I'd certainly have paid the $160 once the judgment was rendered.
     
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,656
    Likes Received:
    1,722
    Trophy Points:
    113

    My research indicates 20 years, not 10. See Indiana Code section 34-11-2-12.
     
  5. adjusterjack

    adjusterjack Super Moderator

    Messages:
    10,808
    Likes Received:
    4,058
    Trophy Points:
    113

    34-11-2-12. Every judgment and decree of any court of record of the United States, of Indiana, or of any other state shall be considered satisfied after the expiration of twenty (20) years.

    That just says a judgment is considered satisfied after 20 years.

    It doesn't address the 10 + 10 issue and I haven't located the rule that does. However, a case popped up that refers to a judgment that was renewed for an additional 10 years.

    Thomas N. Lewis v. Rex Metal Craft, Inc. :: 2005 :: Indiana Court of Appeals Decisions :: Indiana Case Law :: Indiana Law :: US Law :: Justia

    It would appear from that, that the judgment creditor must seek approval from the court for the extension. Hence my suggestion to check the case file.
     
    army judge likes this.
  6. Zigner

    Zigner Well-Known Member

    Messages:
    4,950
    Likes Received:
    2,819
    Trophy Points:
    113

    zddoodah likes this.

Share This Page