CPLR § 5014

Action upon judgment

§ 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.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/5014

In plain English

You generally can't sue on your own money judgment again, except: (1) 10 years have passed since first docketing; (2) it was a default judgment with non-personal service; or (3) the court orders it on motion. ★ You may bring the renewal action during the year before the 10 years expire; the result is a renewal judgment, docketed by the clerk, whose lien takes effect when the original's 10 years run out. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.