Renewing a Judgment in Minnesota

Posted by Tentinger Law Firm

A judgment for money in Minnesota does not survive indefinitely. Instead, a judgment only survives for ten years after its entry and any action to collect after that ten-year time frame is disallowed. Does that leave a party who obtained a judgment but was unable to collect within ten years out of luck? Fortunately, the answer is no, Minnesota does not leave the holder of an uncollected judgment without recourse. Minnesota courts recognize the need to extend the time period to enforce a judgment and allow a person to whom a monetary judgment is owed, to renew their judgment for an additional ten years.

The procedure for renewing a judgment is not specifically prescribed by statute in Minnesota, but prior Minnesota court cases show us that actions are routinely brought to renew judgments so that the judgments extend beyond the initial ten-year period. Minnesota courts instruct that a party (e.g. any person or company) may bring an action to renew a judgment, provided that (1) the action is commenced within ten years after entry of the original judgment, and (2) the party complies with all the requirements for commencing a civil action.

Therefore, the party will need to serve the original defendant with a new summons and complaint to commence the new court case. After proper service has been accomplished, it will be necessary to file the new action and pay the applicable filing fee. The filing party will need to provide the court with a new summons and complaint, as well as an affidavit of judgement debtor, and an affidavit of amount due. It will then be necessary to move for default judgment with the standard documents, e.g. affidavit of non-military status, showing of no answer, etc. The court should then issue a new judgment which will survive for another ten years.