After 3 out of 5 years have passed towards the expiration of a judgment, would the count start over if debtor files a motion?

A judgment can be renewed so it won’t expire after 5 years if an action is filed on the judgment. The creditor has made no effort to collect the judgment for 3 years. I am considering filing an action for abuse of process or fraud upon the court to have the judgment vacated. Would filing this action cause the 5 year expiration timer to reset and start over in the event that my action to vacate the judgment failed? I suspect the creditor will renew the judgment, but just in case she forgets, I don’t want the judgment to be extended on my account.

A: It would be very unlikely that you would win a lawsuit for abuse of process at this late stage. Your best bet is probably to wait and hope the judgment creditor forgets to renew. Certain kinds of creditors are more likely to forget than others.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Answered by Arizona Collection Lawyer at Gunderson, Denton & Peterson, P.C.

1930 N. Arboleda, Suite 201

Mesa, Arizona 85213

Office: 480-655-7440

Fax: 480-655-7099

Re-posted from AVVO Legal Questions & Answers.