Dormant Judgment or “Estate of Butts”

May 27, 2011 - 1 minute read

As the law stands currently, in Texas, a judgment is good for ten (10) years, and can be pursued for collection.  It may be renewed for another 10 years by issuing, serving, and filing the return on a writ of execution.  Once filed, the judgment is renewed for 10 years from the date the writ is served.

If the judgment creditor fails to renew a judgment within 10 years, she has two (2) years from the expiration of 10 years to revive the judgment–a total of 12 years from the date of judgment.  The method for reviving a judgment is called a Writ of Scire Facias, or action on a debt.  If 12 years have passed, a judgment creditor may pursue a dormant judgment by proving the debtor’s fraudulent efforts to conceal assets.  [ Estate of Stonecipher v. Estate of Butts, 591 S.W.2d 806, 809-810 (Tex. 1979); see Harding v. Lewis, 133 S.W.3d 693, 695-698 (Tex. App.–Corpus Christi 2003, no pet.)]  Contact us today with your dormant judgment questions.