California Code of Civil Procedure § 683.020. Ten-year period for enforcement of judgment
Except as otherwise provided by statute, upon the expiration of 10 years after the date of entry of a money judgment or a judgment for possession or sale of property:
(a) The judgment may not be enforced.
(b) All enforcement procedures pursuant to the judgment or to a writ or order issued pursuant to the judgment shall cease.
(c) Any lien created by an enforcement procedure pursuant to the judgment is extinguished.
Enforcement Limit
10-Year Rule: After 10 years, you can’t enforce a judgment for money or property. All actions to enforce it must stop, and any lien from it is gone.
Exceptions and Renewals
Exceptions: The 10-year limit doesn’t pause for any reason. However, if the debtor leaves the state, the clock can stop until they return. This happened in Pratali v. Gates.
Renewing Child Support Judgments: Child support judgments last until fully paid, even past 10 years or the child turning 18. Renewing these can add owed amounts and interest, as seen in In re Marriage of Thompson.
Bankruptcy and Renewal
Bankruptcy Impact: If a bankruptcy court says a debt can’t be wiped out, renewing the judgment without following bankruptcy rules makes the renewal invalid. This was the issue in In re Lobherr.
Bankruptcy and Time Limits: If a judgment isn’t renewed within 10 years, it can’t be pursued in bankruptcy, shown in People’s Bail Bonds v. Dobos.
Renewal After Bankruptcy: Creditors can renew a judgment after a debtor’s bankruptcy pause. Rubin v. Ross indicates renewal isn’t limited by the bankruptcy stay.
Judgments’ Start Date
Start Date for 10-Year Period: The 10-year clock starts on the judgment’s entry date, even if the judgment is later changed. Iliff v. Dustrud showed a renewal was valid if filed within 10 years of the amended judgment.
Types of Judgments
The law treats money judgments and property judgments differently. In re Marriage of Wilcox explains that listing them separately means they are not the same.
- Federal Judgments – Federal law can override the 10-year state limit. United States v. Gianelli showed federal judgments could be enforced past 10 years if federal law allows.
- Juvenile Restitution – Restitution orders from juvenile cases are treated like money judgments but aren’t bound by the 10-year rule. In re J.H. clarified that these orders are enforced differently.
Lien Expiry
Expiry of Judgment Lien: If you don’t renew a lien, it expires, and you lose enforcement rights. Starcevic v. Pentech Financial Services, Inc. explains losing lien priority due to not renewing.
Amended Judgments
Amended Judgment Start Date: The 10-year enforcement or renewal period begins with the entry of an amended judgment, not the original. Hacker v. Fabe supports renewing within 10 years of amendment.
