Judgment Renewal in Oklahoma
Collecting on a judgment can be a lengthy process. It is possible, as a creditor, to not collect on a judgment over a period of several months, or even years. Therefore, it is important to be proactive when collecting on your judgment and informed of limitations that may prohibit or delay your course of action. In this article we will discuss how often a judgment can be renewed in Oklahoma and the renewal procedure to maintain your judgment collectable in a court of law.
How Often Can a Judgment be Renewed in Oklahoma?
A judgment must be obtained in a court of law for debt collection to take place. Once this happens, the creditor can legally collect on delinquent debt. In Oklahoma, a creditor can try to collect on a judgment for (5) years from the date the judgment goes into effect. This period is known as the statute of limitations. Once this time expires, the judgment becomes unenforceable in the court of law. Although there is still a judgment to be owed, it becomes ineligible to be in a court of law any longer once the statute of limitation expires.
Oklahoma Law states, 12 O.S. §, 13-735
“A. A judgment shall become unenforceable and of no effect if, within five (5) years after the date of filing of any judgment that now is or may hereafter be filed in any court of record in this state:
- Execution is not issued by the court clerk and filed with the county clerk as provided in Section 759 of this title;
- A notice of renewal of judgment substantially in the form prescribed by the Administrative Director of the Courts is not filed with the court clerk;
- A garnishment summons is not issued by the court clerk; or
- A certified copy of a notice of income assignment is not sent to a payor of the judgment debtor.
B. A judgment shall become unenforceable and of no effect if more than five (5) years have passed from the date of:
- The last execution on the judgment was filed with the county clerk;
- The last notice of renewal of judgment was filed with the court clerk;
- The last garnishment summons was issued; or
- The sending of a certified copy of a notice of income assignment to a payor of the judgment debtor.
C. This section shall not apply to judgments against municipalities or to child support judgments by operation of law.”
If the right action is taken to prevent the judgment from expiring, then it can remain active for an additional (5) years with renewal.
What is the Judgment Renewal Process?
In order to renew a judgment, the creditor must file a request for renewal of the judgment and this request must be filed before the statute of limitations runs out. If the statute of limitation has expired before the creditor is able to file a renewal, the judgment cannot be renewed further. If done properly and within the specified time frame of renewal, a judgment in the state of Oklahoma can be renewed indefinitely for every (5) years. In filing a judgment renewal, the original judgment execution must have been previously filed with the county clerk and the current judgment renewal is the be filed with the court clerk. If there is a lien on property, that judgment is to be filed with the county clerk. In the judgment process, the creditor has the legal authority to order a bank levy on the debtor, order a lien on the debtor’s property, or garnish their wages when collecting on the judgment. When the judgment becomes renewed, all the interest that has accumulated will be added to the total amount owed, which then the debtor will have to pay additional interest on the accumulated interest.
In Oklahoma it is crucial to keep in mind the (5) year statute of limitation on your judgment. After that period, if the judgment is not renewed, it cannot legally be recognized in a court of law and can no longer be renewed if renewal period has passed. However, if you can renew the judgment before the deadline, the number of times you may renew are limitless in Oklahoma. If you are trying to collect on a judgment or get one renewed, call Aaron Bruner, Attorney at Law today for further information on how to better assist you and your situation.