To revive a judgment, is it required to have the defendant served?
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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
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 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.
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