A judgment shall become dormant and shall not be enforced: When seven years shall elapse after the rendition of the judgment before execution is issued thereon and is entered on the general execution docket of the county in which the judgment was rendered; Unless entry is made on the execution by an officer authorized to […]
When any judgment obtained in any court becomes dormant, the same may be renewed or revived by an action or by scire facias, at the option of the holder of the judgment, within three years from the time it becomes dormant. History. Laws 1823, Cobb’s 1851 Digest, p. 498.; Code 1863, §§ 2855, 3522; Code […]
Scire facias to revive a judgment is not an original action but is the continuation of the action in which the judgment was obtained. History. Orig. Code 1863, § 3524; Code 1868, § 3547; Code 1873, § 3606; Code 1882, § 3606; Civil Code 1895, § 5380; Civil Code 1910, § 5975; Code 1933, § […]
A scire facias to revive a dormant judgment in the courts must issue from and be returnable to the court of the county in which the judgment was obtained. It shall be directed to all and singular the sheriffs of this state and shall be signed by the clerk of such court who shall make […]
In all cases of scire facias to revive a judgment, when service has been perfected, the judgment may be revived on motion at the first term without the intervention of a jury unless the person against whom judgment was entered files an issuable defense under oath, in which case the defendant in judgment shall be […]
When a judgment has been transferred, the scire facias shall issue in the name of the original holder of the judgment for the use of the transferee. History. Orig. Code 1863, § 3528; Code 1868, § 3551; Code 1873, § 3610; Code 1882, § 3610; Civil Code 1895, § 5384; Civil Code 1910, § 5979; […]
An action to renew a dormant judgment shall be brought in the county where the defendant in judgment resides at the commencement of the action. History. Orig. Code 1863, § 3523; Code 1868, § 3546; Code 1873, § 3605; Code 1882, § 3605; Civil Code 1895, § 5379; Civil Code 1910, § 5974; Code 1933, […]
If the defendant in judgment or other party to be notified resides outside this state, a dormant judgment may be revived against such defendant or his representative by such process as is issued in cases in which the defendant resides in this state, provided that the defendant in judgment or other party to be notified […]
Decrees for the payment of money shall become dormant like other judgments when not enforced and may be revived as provided by law for other judgments. History. Orig. Code 1863, § 4128; Code 1868, § 4160; Code 1873, § 4219; Code 1882, § 4219; Civil Code 1895, § 4861; Civil Code 1910, § 5434; Code […]