To revive a judgment, is it required to have the defendant served?

We were awarded a judgment against defendant 10 years ago. We are currently garnishing her wages but will have to renew the garnishment. In our state judgments may expire after 10 years, if defendant contests it. In order to intercept it if she does contest it, we are filing a petition to revive it. I was told 2 different procedures by our court clerks; is it required to have the defendant served in order to revive the judgment?

Asked on March 15, 2012 under Bankruptcy Law, Missouri


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In order to renew the judgment in effect against the judgment debtor that you have written about, I suggest that the petition to renew it be served upon him or her via mail as well as personally served by the third party over the age of 18 years where a proof of service signed by him or her is then filed with the court.

By doing the above, you have given the required notice to the judgment debtor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.