Do judgments go away in NC?
Civil judgments expire after ten years in North Carolina.
How long can a judgment last in NC?
A judgment in North Carolina is good for maximum of 10 years, but can be “renewed” one time meaning it can last a maximum of 20 years.
Do judgments accrue interest in NC?
Civil judgment in North Carolina typically accrue interest at 8% per year meaning they essentially double every 10 years.
How long is a judgment enforceable in NC?
A judgment expires after 10 years in NC, but can be renewed one (1) time.
How many times can a judgment be renewed in NC?
Pursuant to NCGS 1-47, a judgment can only be renewed once under North Carolina law.
Can a judgment be renewed after it expires?
Any action to renew a judgment in NC must be filed before the original judgment expires. It is possible for there to a lapse between when the new judgment is entered and the original judgment expires as long as the new action was at least initiated before the original judgment expired.
When should a judgment renewal be filed?
Any action to renew a judgment must be filed before the original judgment has expired. Since a judgment in NC is good for 10 years this means any renewal must be filed within 10 years. That being said, most creditors file to renew well in advance of the 10-year period to prevent any time gap when the first judgment may expire erasing any potential judgment lien on real property allowing the debtor to sell before the “renewal” in entered. Be advised regardless of the when the renewal is entered it is still a new judgment meaning it does not “relate back” to the date of the original judgment being entered.
How do I renew a judgment in NC?
Any action to renew must be filed before the original judgment expires. A new action or Complaint must be filed referencing the original judgment and usually includes a certified copy along with proof of any accumulated interest. The new action must be served on the defendant, pursuant to Rule 4, which is usually accomplished via Sheriff or certified mail.
How to stop a judgment from being renewed in NC
The new action is based on the debt established in original judgment. The creditor generally must attach a certified copy of the original judgment to prove the existence of the debt. The new action is not an opportunity to relitigate the underlying facts of the case as the action is based on the already adjudicated debt amount that is owed. The only real requirements are establishing the action has been filed before the original judgment has expired usually via a certified copy along with an affidavit from the clerk as to accumulated interest. To stop or slow down a renewal the debtor can file an Answer, file bankruptcy, or attempt settlement with the creditor.
Can credit card judgments be renewed in NC?
Yes- credit card judgments can be renewed one time in North Carolina.
Can car deficiency judgments be renewed in NC?
Yes- car deficiency judgments can be renewed one time in North Carolina.
Can bankruptcy stop a judgment renewal in NC?
Yes- filing a bankruptcy can stop a civil action in North Carolina.
NC Statute on judgment renewal
§ 1-47. Ten years.
Within ten years an action -
(1) Upon a judgment or decree of any court of the United States, or of any state or territory thereof, from the date of its entry. No such action may be brought more than once, or have the effect to continue the lien of the original judgment.
(1a) Upon a judgment rendered by a justice of the peace, from its date.
(2) Upon a sealed instrument or an instrument of conveyance of an interest in real property, against the principal thereto. Provided, however, that if action on an instrument is filed, the defendant or defendants in such action may file a counterclaim arising out of the same transaction or transactions as are the subject of plaintiff's claim, although a shorter statute of limitations would otherwise apply to defendant's counterclaim. Such counterclaim may be filed against such parties as provided in G.S. 1A-1, Rules of Civil Procedure.
(3) For the foreclosure of a mortgage, or deed in trust for creditors with a power of sale, of real property, where the mortgagor or grantor has been in possession of the property, within ten years after the forfeiture of the mortgage, or after the power of sale became absolute, or within ten years after the last payment on the same.
(4) For the redemption of a mortgage, where the mortgagee has been in possession, or for a residuary interest under a deed in trust for creditors, where the trustee or those holding under him has been in possession, within ten years after the right of action accrued.
(5) Repealed by Session Laws 1959, c. 879, s. 2.
(6) Repealed by Session Laws 2019-164, s. 1, effective July 26, 2019, and applicable to actions arising on or after that date. (C.C.P., ss. 14, 31; Code, s. 152; Rev., s. 391; C.S., s. 437; 1937, c. 368; 1959, c. 879, s. 2; 1961, c. 115, s. 2; 1969, c. 810, s. 1; 1991, c. 268, s. 2; 1995 (Reg. Sess., 1996), c. 742, s. 1(a); 1997-456, s. 27; 1999-221, s. 3; 2004-203, s. 15(a); 2019-164, s. 1.)