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2004 SESSION

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HB 42 Judgments; retention of records in general district court.

Introduced by: Gary A. Reese | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Retention of records in general district court. Extends the record retention requirements and streamlines the time limitations on enforcing judgments rendered in general district court by providing that where the judgment is docketed in the circuit court, the district court shall, upon petition by a party prior to the expiration of 10 years from the date of judgment and proof of the circuit court docketing, retain the case records for 20 years and extend the limitation on enforcement from 10 years to 20 years.

Under current law, where the general district court grants an extension of the limitations on enforcement of the judgment, the case records are forwarded to the circuit court and the judgment thereafter is treated as a circuit court judgment. Alternatively, under current law, the plaintiff may docket an abstract of the judgment in the circuit court so as to obtain the extended enforcement time frame (the judgment in other respects remains a district court judgment and the records are retained for 10 years).

The bill retains the current statutory provision that the judgment creditor may extend the limitation for enforcing the judgment pursuant to § 8.01-251. The bill modifies current law by amending § 16.1-69.55 (Retention of case records), which is referenced in § 16.1-94.1 (Limitations on enforcement of district court judgments).


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