“Drafting an Affidavit of Renewal of Judgment: A Comprehensive Legal Guide”
Service Description
Introduction
An Affidavit of Renewal of Judgment is a legal document used to extend the validity and enforceability of a court judgment. This affidavit is typically necessary when the original judgment is nearing the end of its enforceability period, and the judgment creditor wishes to maintain their legal rights to collect the debt.
Requirement
The need for an Affidavit of Renewal of Judgment arises when the time limit for enforcing a court judgment is approaching expiration. Most jurisdictions have specific time frames within which a judgment can be enforced, and renewing the judgment allows the creditor to continue legal collection efforts.
How to Draft
To draft an Affidavit of Renewal of Judgment:
- Identify the Original Judgment: Start with details of the original judgment, including the case number, court, date of the judgment, and names of the judgment creditor and debtor.
- State the Unpaid Amount: Clearly mention the amount of the judgment that remains unpaid as of the date of the affidavit.
- Affirmation of Non-Satisfaction: Affirm that the judgment has not been satisfied and specify any payments that have been made towards the judgment.
- Legal Basis for Renewal: Cite the legal provisions that allow for the renewal of the judgment in your jurisdiction.
- Sworn Statement: Include a statement that the information provided in the affidavit is true to the best of your knowledge.
- Notarization: Sign the affidavit in the presence of a notary public, as most jurisdictions require the document to be notarized.
- Attachment of Original Judgment: Attach a copy of the original judgment to the affidavit.
Filing
File the Affidavit of Renewal of Judgment with the same court that issued the original judgment. Ensure to follow any specific procedural requirements set by the court, including payment of filing fees.
Conclusion
An Affidavit of Renewal of Judgment is a critical document for judgment creditors seeking to preserve their rights to enforce a judgment. Properly drafting and timely filing of this affidavit is essential to extend the enforceability of the judgment, ensuring that creditors maintain their legal avenues for debt collection.
