Practice point: Pursuant to CPLR 211(b), a money judgment is presumed to be paid and satisfied after the
expiration of twenty years from the time when the party recovering it
was first entitled to enforce it. This presumption is conclusive, except
as against a person who within the twenty years acknowledges an
indebtedness, or makes a payment, of all or part of the amount recovered
by the judgment, or his heir or personal representative, or a person
whom he otherwise represents. Such an acknowledgment must be in writing
and signed by the person to be charged. If such an acknowledgment
or payment is made, the judgment is conclusively presumed to be paid
and satisfied as against any person after the expiration of twenty years
after the last acknowledgment or payment made by him.
Student note: Accordingly, unless the party against whom a money judgment is
granted acknowledges the indebtedness in a signed
writing, the statute of limitations for an action to collect on a money
judgment is 20 years from the date that the judgment can first be
enforced. If, however, a party acknowledges the indebtedness to a
money judgment, the statute of limitations runs anew, and is then 20
years from the last acknowledgment.
Case: First N.Y. Bank for Bus. v. Alexander, NY Slip Op 01796 (1st Dept. 2013).
Here is the decision.
Monday's issue: Validity of service.
