Bill Text: VA HB1234 | 2022 | Regular Session | Chaptered
Bill Title: Judgments; limitations on enforcement, extensions and renewals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-04-11 - Governor: Acts of Assembly Chapter text (CHAP0324) [HB1234 Detail]
Download: Virginia-2022-HB1234-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §8.01-251 of the Code of Virginia is amended and reenacted as follows:
§8.01-251. Limitations on enforcement of judgments.
A. No execution shall be issued and no action brought on a judgment dated, extended, or renewed, prior to July 1, 2021, including a judgment in favor of the Commonwealth and a judgment rendered in another state or country, after 20 years from the date of such judgment or domestication of such judgment or 20 years from the date of such extension or renewal of such judgment, whichever is later, unless the period is extended as provided in this section. No execution shall be issued and no action brought on a judgment dated on or after July 1, 2021, including a judgment in favor of the Commonwealth and a judgment rendered in another state or country, after 10 years from the date of such judgment or domestication of such judgment, unless the period is extended as provided in this section, except that no execution shall be issued and no action brought on a judgment dated on or after July 1, 2021, that was created by nonpayment of child support after 20 years from the date of such judgment or domestication of such judgment.
B. The limitation prescribed in subsection A may be extended
by the recordation of a certificate in the form provided in subsection G prior
to the expiration of the limitation period prescribed herein in the clerk's
office in which such judgment lien is recorded and executed by either
the judgment lien creditor or his assignee or by his duly
authorized attorney-in-fact the judgment creditor's or his assignee's
attorney or authorized agent. Recordation of the certificate shall
extend the limitations period of the right to enforce such judgment
lien for 10 years from the date of the recordation of the certificate. A
judgment creditor or his assignee may record one additional extension by
recording another certificate in the form provided in subsection G prior to the
expiration of the original 10-year extension of the limitation period, which
shall extend the limitations period of the right to enforce such
judgment lien for 10 years from the date of recordation of the second
certificate.
The clerk of the court shall index the certificate in both
names in the index of the judgment lien book and give reference to the book and
page in which the original lien is recorded. This extension procedure is
subject to the exception that if the action is against a personal
representative of a decedent, the motion shall be within two years from the
date of his qualification, the extension may be for only two years from the
time of the recordation of the certificate, and there may be only one such
extension.
C. No suit shall be brought to enforce the lien of any
judgment, including judgments in favor of the Commonwealth, upon which the
right to issue an execution or bring an action is barred by other subsections
of this section, nor shall any suit be brought to enforce the lien of any
judgment against the lands which that have been conveyed by the
judgment debtor to a grantee for value, unless the same be brought within five
years from the due recordation of the deed from such judgment debtor to such
grantee and unless a notice of lis pendens shall have been recorded in the
manner provided by §8.01-268 before the expiration of such five-year period.
D. In computing the time, any time during which the right to sue out execution on the judgment is suspended by the terms thereof, or by legal process, shall be omitted. Sections 8.01-230 et seq., 8.01-247 and 8.01-256 shall apply to the right to bring such action in like manner as to any right.
E. This section shall not be construed to impair the right of subrogation to which any person may become entitled while the lien is in force, provided that he institutes proceedings to enforce such right within five years after the same accrued, nor shall the lien of a judgment be impaired by the recovery of another judgment thereon, or by a forthcoming bond taken on an execution thereon, such bond having the force of a judgment.
F. Limitations on enforcement of judgments entered in the
general district courts shall be governed by §16.1-94.1, unless an abstract of
such judgment is docketed in the judgment book of a circuit court. Upon the
docketing of such judgment, the limitation for the enforcement of a
district court judgment is the same as for a judgment of the circuit court
such judgment shall be treated as a judgment entered by the circuit court and
may be extended in the same manner as a judgment entered by the circuit court,
although the original date of entry of the judgment shall remain the date that
was entered by the general district court.
G. Any extension of the limitations of the right to enforce a judgment shall conform substantially with the following form:
CERTIFICATE OF EXTENSION OF LIMITATION OF RIGHT TO ENFORCE JUDGMENT LIEN
Place of Record ___________________________
Date Judgment Docketed _____________________
Judgment Lien Book ____________ Book Page ______________
Name of Judgment Creditor(s) or Assignee(s) ___________________________
Address of Judgment Creditor(s) or Assignee(s) ___________________________
Phone number of Judgment Creditors(s) or Assignee(s) (if available) _________________
Name of Judgment Creditor(s) or Assignee(s)' attorney or agent _____________________
Address of Creditor(s) or Assignee(s)' attorney or agent ____________________________
Name of Debtor(s) ___________________________
I/we, the judgment lien creditor(s) undersigned [ ]
judgment creditor(s) [ ] agent of judgment creditor(s) [ ] attorney for
judgment creditor(s), do hereby certify that the aforementioned judgment
lien be extended 10 years from the date of my/our endorsement upon this
certificate.
Judgment Creditor/Attorney-in-Fact/Agent [ ]
Judgment creditor(s) or assignee(s) [ ] agent of judgment creditor(s) or
assignee(s) [ ] attorney for judgment creditor(s) or assignee(s):
________________
Commonwealth of Virginia
County/City of ____________
Subscribed, sworn to and acknowledged before me by
_________ this ____ day of _______, 20 ___
My Commission expires: __________________
Notary Public: ____________
