Legislation
SECTION 5014
Action upon judgment
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 50
§ 5014. Action upon judgment. Except as permitted by section 15-102 of
the general obligations law, an action upon a money judgment entered in
a court of the state may only be maintained between the original parties
to the judgment where:
1. ten years have elapsed since the first docketing of the judgment;
or
2. the judgment was entered against the defendant by default for want
of appearance and the summons was served other than by personal delivery
to him or to his agent for service designated under rule 318, either
within or without the state; or
3. the court in which the action is sought to be brought so orders on
motion with such notice to such other persons as the court may direct.
An action may be commenced under subdivision one of this section
during the year prior to the expiration of ten years since the first
docketing of the judgment. The judgment in such action shall be
designated a renewal judgment and shall be so docketed by the clerk. The
lien of a renewal judgment shall take effect upon the expiration of ten
years from the first docketing of the original judgment.
the general obligations law, an action upon a money judgment entered in
a court of the state may only be maintained between the original parties
to the judgment where:
1. ten years have elapsed since the first docketing of the judgment;
or
2. the judgment was entered against the defendant by default for want
of appearance and the summons was served other than by personal delivery
to him or to his agent for service designated under rule 318, either
within or without the state; or
3. the court in which the action is sought to be brought so orders on
motion with such notice to such other persons as the court may direct.
An action may be commenced under subdivision one of this section
during the year prior to the expiration of ten years since the first
docketing of the judgment. The judgment in such action shall be
designated a renewal judgment and shall be so docketed by the clerk. The
lien of a renewal judgment shall take effect upon the expiration of ten
years from the first docketing of the original judgment.