Motion to Revive / Renew Judgement in Texas

What Is a Motion to Revive / Renew Judgement?

Background

Under section Tex. Civ. Prac. Rem. Code Ann. §34.001, a judgment creditor may renew a judgment and keep the judgment alive “indefinitely by having a writ of execution issued within ten years of the previous writ.” (Cadle Co. v. Fahoum (2008) No. 2-06-459-CV, 2008 WL 754992, at *2; see also Zummo v. Cotham (1941) 155 S.W.2d 600, 601 [stating, under predecessor version of statute, that judgment creditor has simple and inexpensive way to “prolong the life of the judgment indefinitely by merely having execution timely issued.”].)

Dormancy of Judgment

“[A] judgment becomes dormant ten years after rendition of judgment and ordinarily can be revived by scire facias within two years from the date the judgment became dormant.” (City of Dallas v. Ellis (2017) No. 05-16-00348-CV, at *2 citing Tex. Civ. Prac. & Rem. Code Ann. §§ 34.001(a) [execution on dormant judgment]; 31.006 [revival of judgment] (West 2015).)

Once a judgment becomes dormant, the “dormant judgment may be revived by scire facias or by an action of debt brought not later than the second anniversary of the date that the judgment becomes dormant.” (Tex. Civ. Prac. Rem. Code Ann. § 31.006 (Vernon 2008).)

The effect of section 31.006 is to provide a twelve year residual limitations period for final judgments. (Burnett-Dunham v. Spurgin (2007) 245 S.W.3d 14, 17; Longhurst v. Clark (2008) No. 01-07-00226-CV, 2008 WL 3876175, at *2.)

Possibility of Exemption from 2-Year Window of Renewal

“[A] two-year limitations period under a general limitation exemption granted to various governmental entities under section 16.061, which provides:

A right of action of this state or a political subdivision of the state, including . . . an incorporated city . . . is not barred by any of the following sections [of the Texas Civil Practice and Remedies Code]: ... 31.006 ....”

(City of Dallas v. Ellis (2007) No. 05-16-00348-CV, at *4 citing Tex. Civ. Prac. & Rem. Code Ann. § 16.061.)

How to Structure the Motion

In determining whether to issue a writ of scire facias to revive a dormant judgment, a trial court considers:

the date of the judgment,
evidence of any writs of execution issued on the judgment, and
the date of the motion to revive the judgment scire facias.

(Trad v. Colonial Coins, Inc. (2003) No. 14-02-00172-CV, 2003 WL 124680, at *2 (mem. op.) [stating that because appellant timely filed motion for scire facias, the judgment “should be revived,” and indicating that revival of judgment is not discretionary if statutory requirements to revive dormant judgment are satisfied].)

Writs of Execution and Rivival of Judgment

“If a writ of execution is not issued within ten years after the rendition of a judgment of a court of record, the judgment is dormant and execution may not be issued on the judgment unless it is revived.” Stedman v. De Paz (2015) 511 S.W.3d 635, 638 citing Tex. Civ. PracC. & Rem. Code Ann. § 34.001(a).)

Hearing on the Motion

A scire facias proceeding is a non-evidentiary hearing for which there is no need for findings of fact and conclusions of law. (The Cadle Co. v. Rollins (2010) No. 01-09-00165-CV, at *1.)

The Court’s Decision

It is well settled that a writ of garnishment qualifies as a writ of execution for the purposes of the statutory requirement for a scire facias proceeding as “courts have held that a variety of judgment collection activities may revive a judgment.” (Harper v. Spencer & Assocs., P.C. (2014) 446 S.W.3d 53, 57.)

It is well settled that “an application to revive judgment by scire facias has a basis in law and fact, [therefore] it survives dismissal under a Rule 91a motion to dismiss.” Stedman v. De Paz (2015) 511 S.W.3d 635, 639.)

Documents for Motion to Revive / Renew Judgement in Texas

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Paulina Monterrubio, A.M., Minor VS. Juan Ruperto Arriaga, Edgar Adan Quezada, JUAN MERCED ARRIAGA, ROBERT NIEVES ARRIAGA, CRISTA ANN ARRIAGA document preview

Request - Ltr to Clerk re Writ of Scire Facias

2 pages

Electronically Submitted Brian Loncar (1960-2016) 4/19/2024 10:53 AM William E.“Bill” Hymes …

Case Name Paulina Monterrubio, A.M., Minor VS. Juan Ruperto Arriaga, Edgar Adan Quez…