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What is the Statute of Limitations on a Judgment in NC?

Published in North Carolina Law 2 mins read

In North Carolina, the statute of limitations for a judgment is 10 years. This means that a party who has obtained a judgment generally has a decade from the date the judgment was entered to enforce it.

Understanding statutes of limitations is crucial in civil law, as these time limits dictate how long a party has to initiate legal proceedings or enforce certain legal rights. If the time limit expires, the ability to enforce the judgment may be significantly limited or lost entirely. North Carolina General Statutes (N.C.G.S.) specify these timeframes, with the 10-year period for judgments specifically outlined in N.C.G.S. 1-47.

Here's a quick overview of some common civil statutes of limitations in North Carolina:

Type of Action Statute of Limitations North Carolina General Statute (N.C.G.S.)
Judgments 10 years 1-47
Injury to Person 3 years 1-52(16)
Collection of Debt (Written Account) 3 years 1-52(1)
Collection of Debt (Oral Account) 3 years 1-52(1)

Key Considerations for Judgments in North Carolina

  • Enforcement Period: The 10-year period provides the timeframe during which a judgment creditor can take legal actions to collect the debt, such as filing liens on real estate, garnishing wages (if applicable), or seizing other assets.
  • Expiration of Judgment: Once the 10-year statute of limitations expires, the judgment typically becomes unenforceable through the court system, meaning the creditor may no longer be able to use legal means based on that judgment to compel payment.
  • Impact on Debtors: For debtors, understanding this period is important, as it defines the window during which collection efforts based on the judgment are legally permissible.
  • Potential for Renewal: While the initial period is 10 years, some jurisdictions allow for the renewal or revival of judgments under specific circumstances. However, the exact rules and procedures for extending the life of a judgment can vary and require adherence to strict legal requirements.

For more comprehensive information on North Carolina civil statute of limitations laws, you can consult resources such as FindLaw's North Carolina Civil Statute of Limitations Laws.