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In Virginia, it looks like retention of these type of case records is 10 years, with no extensions. See below.
Small Claims Court
§ 16.1-122.6. Judgment and collection.
The small claims court shall follow the procedures of the general district court in judgment and collection.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+16.1-122.6
General District Court
§ 16.1-69.55. Retention of case records; limitations on enforcement of judgments; extensions.
In civil actions which result in a judgment all documents in the possession of the general district court shall be retained for 10 years and, unless sooner satisfied, the judgment shall remain in force for a period of 10 years;
4. The limitations on enforcement of general district court judgments provided in § 16.1-94.1 shall not apply if the plaintiff, prior to the expiration of that period for enforcement, pays the circuit court docketing and indexing fees on judgments from other courts together with any other required filing fees and dockets the judgment in the circuit court having jurisdiction in the same geographic area as the general district court.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+16.1-69.55
§ 16.1-94.1. Limitations on enforcement of district court judgments.
For judgments entered in a general district court on or after January 1, 1985, no execution shall be issued or action brought on such judgment, including a judgment in favor of the Commonwealth, after ten years from the date of such judgment except as provided in § 16.1-69.55 B 4.
Ginny Jones
(Virginia A. Jones, CRM, FAI)
Records Manager
Information Technology Division
Newport News Dept. of Public Utilities
Newport News, VA
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-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Scott, Paul (FPM)
Sent: Thursday, June 22, 2006 4:53 PM
To: [log in to unmask]
Subject: [RM] State Laws Limiting Periods That JP & Small Claims Court Judgments are Enforceable
Esteemed Colleagues,
This question is directed primarily at local government and law firm
records managers and is asked on behalf of myself and an assistant
county attorney (who are trying to avoid researching up to 49 sets of
state codes).
We are asking your help in identifying statutes in other U. S. states
that limit how long a monetary judgment issued by a Justice of the Peace
or Small Claims Court can be EXTENDED or how long those case files must
be retained.
Judgments are enforceable for a limited period (typically 10-years) but
at least in Texas can be extended 10-years at a time into perpetuity by
obtaining a new writ of execution or abstract of judgments before the
old one expires; and this necessitates the retention of those case files
indefinitely. So, to repeat the question, do other states have
limitations on how many times a court judgment can be revived?
Paul R. Scott, CA, CRM
Records Management Officer
Harris County, TX
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
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