Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Ethics

Does a writ of execution have a statue of limitations?
Find answers to your legal question.





Does a writ of execution have a statue of limitations?

I filed a small claim against a Storage company who stole all my belongings a few years ago...I won the case but I haven't received any money as of yet it's been a few years. I received a letter from the court telling They had not recovered any money for me as of yet and that my write had expired. Can I file another writ of execution to get my money?? or is it too late? I filed the law suit in 2006
Additional Details
To the two bottom answers...it's to my understanding that after I won the case and filed the writ I don't have to contact the company..someone else does that for me that is what the writ is for right? I shouldn't have any contact with the company once i won the lawsuit. They get served and should pay up but of course they haven't I am just trying to find out do I still have time to do it again and try and get my money. One of you said it's good ten years. I just want my money. It won't get my precious belongings back but atl east it's some form of consolation


    




Libraryanna
Rating
Statute of limitations isn't the right term. There are time limits on them. You can get another one, as long as your judgment is still good. In California, a judgment is good for 10 years and then has to be renewed. I don't know why they haven't gotten any money. Ask them about doing a till tap. That's where they go to the company and take all of the money that comes in while they are there. (The sheriff or marshal usually does this.) Best to do it around the first of the month, when they get their money.

If it's a good amount of money, see if a collection agency will take it on.

Edit: Here's an interesting take. You could force a sale of the company if they don't pay the debt. Put a lien on the property. One guy did that in a small claims case. They ignored the debt sale and he bought the whole complex for the $200 they owed him. (He sold it back to them at a big profit over the $200.) You might go to the library to get a book on how to collect a judgment in your state. Having the sheriff do it is just one way.


dusty_titus
I don't know what the statute of limitation has to do with the writ - the court has nothing to with collecting the judgment - you hire people to look for officers of the corporation and to look for assets (boats/cars/bank accounts/houses) these are then presented to the court as viable ways to pay the judgment. Find a local "judgment recovery specialist" to help you they may get 50% of whats collected, but that's better than 0%.


dazed&confused
Yes, they do expire.Why would the court recover money for you. If the judgment was against the Storage company, then that company would pay you the judgment amount not the court. Contact the main office of the Storage company, on the phone, in person if you can, but definitely in writing. Remind them you have a judgment against them for such and such and include a photo copy. Ask for you money, and let them know you are prepared to take them to court for violating the order and not paying you, as well as to recover you money. Tell them you would prefer just to collect your money and put this to bed, as you have a judgment and its better for both parties. My guess is you will receive a check soon after.

When a writ of execution is issued by the superior court, it "may be made returnable at any return day within six months from date of issuance." RSA 527:2. After the return day, the legal force of the execution expires and it becomes "ineffectual to support the [levy] proceedings . . . founded upon it." Rangeley, 18 N.H. at 219. Of course, when issued, the return date of the execution may be extended by the superior court if justice so requires. RSA 527:4 (1997). If the execution expires or is returned with the judgment unsatisfied, the judgment creditor may request that the trial court issue a successive writ of execution under RSA 527:6. Executions may be issued within two years from the date judgment is rendered or the date a former execution is returned unsatisfied. RSA 527:6.

Upon the expiration of the limitations period, the trial court may still issue an execution, but only "upon scire facias for the amount then due." RSA 527:7 (1997). Scire facias is a judicial writ directing a judgment debtor to appear and show cause why, after the lapse of the limitation period, execution against him should not be revived. See Black’s Law Dictionary 1347 (7th ed. 1999); Wiebusch, supra § 60.07, at 476. "The requirement for scire facias before a late execution is issued assures that the judgment debtor knows that the old judgment remains unsatisfied and requires him to disclose the location of property from which it may be paid." Wiebusch, supra.





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 Should there be a law against advertising anti-ageing/diet pills?
...


 After how long someone will start to recieve the payment?
The judge order the defendant to pay a certain amount of money. The company that she works for already sent the conformation that she works there to the constable. When one start to receive the money?...


 Whats the most retarded law in your state?
and what state are you in? i never get any stars hope you guys think this one is good.
Additional Details
well dawson i see where you are coming from but on one side note massachusetts ...


 I moved out of an apartment. Later, a judgement for possession was ordered. How can I get the eviction removed?
This took place in DC.

I had a court date in December. I had a few issues with my apartment and counter-sued. The court date in December was reschedule till February. I was already ...


 Gov. Rick Perry of Texas wants to secede from the United States. Has He lost his mind?
Rick Perry made this statement during a speech during the "T-party" on April 15, 2009....


 Why do drug dealers still live with their mothers according to the book freakenomics?
...


 After 3 months what are the chances of being charged with shoplifting?
3 months ago someone stole books from a store, walked out alarm went off and he got in his car and drove off as employees saw him . he hasnt heard anything after that since it happened. what are ...


 Does the US goverment still use Exile?
Does the US goverment still use exile as a punishment?...


 I smoked pot on march 18 will is still be in my system?
...


 I live in Arizona can a credit card company sue me in New Mexico?
I have been served to appear in court in New Mexico they sent the papers to my grandparents house. I haven't lived in that state for a couple of years I'm a resident of Arizona I thought I ...


 Is it against the law to sell products straight from another company?
for example, putting up an offer on ebay for a macbook pro, and then shipping it to them straight from the apple online store... would that be allowed?
oh, or, is it possible to put up the ...


 Is it illegal to give yourself an unusual title?
For example Father John Smith even though you're not a priest
or Baroness John Smith even though you're not a Baroness

I was just wondering because I was filling out an ...


 Can my employer legally cut my pay?
Other employees are working with no pay cuts and doing less than quota work, yet my pay has been cut several times for not meeting quota....


 Lawyers, Landlords: Is there legal grounds for this?
This is a story from our area that's making headlines:
http://www.nbc15.com/sta

A man who was murdered has his estate sued for 2 months back rent ...


 Arrested for suspicion of smoking pot?
If someone smokes pot, and a cop stops them on the side of the rode and suspects they have done so, can the cop arrest the person, or do they have to have concrete evidence? By "person" I ...


 What do you think would be an effective way to combat baby rape in South Africa?
I live in South Africa, I voted in the general elections 2 days ago and I am concerned about the crime in this country. there is a baby rape epidemic happening in this country where aids infested men ...


 What percent of criminals are men and what percent are women?
(if it's not too much trouble, please cite your source)...


 Question about PBT law?
I recieved a minor in posession by consumption about a month ago. I was riding in the backseat of my own car with a sober driver and a sober front seat person. We got pulled over for a rolling stop ...


 Where to get a sample letter of intent?
Currently in the Army National Guard.
I need to write a letter of intent to go back to active duty. I need a sample of how to write it any ideas where to get one?...


 A dear friend of mine just admitted to molesting a child to me...?
I am shocked... this person has been a friend of mine since i was in grade school... I told this friend the only way I could remain a friend is to go to the police and take responsibility for the ...




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.044