Bradley T. Golmon

By:  Bradley T. Golmon

We all know that if you have a problem, you should do something about it soon, not seven years from now.  The Mississippi Supreme Court recently emphasized that basic proposition in a judgment and garnishment situation.  In Johnson v. Parker Tractor the plaintiff was awarded a $90,000 judgment against the Defendant on account defective equipment.  The dealer appealed and the Court agreed with the judgment in 2002.

Johnson waited until 2009 to take action with a garnishment, close to, but more than seven years later.  The Supreme Court held that the seven year statute of limitation found in Section 15-1-47 prevented that action.  That seven year time span began with the affirming of the judgment in 2002.  Johnson could have used Section 15-1-3 to renew it but he did not take that step.  Johnson is now unable to seek satisfaction of the otherwise valid judgment.

If you have a judgment against someone, make sure you act in a timely manner.  If the judgment holder is not from Mississippi but the judgment debtor is, the judgment may only last for three years.  In disputes between Mississippi residents the seven year limitation period likely applies, but acting in a timely manner is no less important.  While there are some things that can stop the running of a statute of limitations, don’t assume that is true and wait and delay to your detriment.  Don’t be like Johnson.

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