The proposed bill aims to abolish the use of a writ of scire facias as a means of reviving outstanding judgments and instead allows for the revival of such judgments through a notice process. The bill outlines that a judgment creditor or their legal representatives can file a notice indicating that a judgment is still outstanding, which must include specific details such as the names of the parties involved, the court and case number, the current balance of the judgment, and a statement of intent to maintain the judgment lien. The notice will be served to the judgment debtor via first-class mail, and if the debtor's whereabouts are unknown, the notice will be posted at the courthouse.
Additionally, the bill amends the fees charged by clerks of the circuit courts, introducing a fee of $20 for filing a notice of outstanding judgment. It also specifies that reviving an outstanding judgment will not incur a reopening fee. The legislative intent is to simplify the process of reviving judgments and ensure that the procedures are more accessible to judgment creditors.
Statutes affected: Old version HB1959 Original - 4-1-2025 02:50 PM: 16-65-501, 21-6-402(b), 21-6-403(a)
Old version HB1959 V2 - 4-9-2025 10:36 AM: 16-65-501, 04-09-2025, 21-6-402(b), 21-6-403(a)
HB 1959: 16-65-501, 21-6-402(b), 21-6-403(a)
Act 986: 16-65-501, 04-09-2025, 21-6-402(b), 21-6-403(a)