Opinion
Case No. 94-00392, Adversary Proceeding No. 94-10119.
June 2, 2008
MEMORANDUM DECISION RE MOTION TO REVIVE JUDGMENT
Commonwealth Land Title Insurance Company ("Commonwealth"), the assignee of the plaintiffs' judgment, has filed a Motion to Revive Judgment. Under D.C. Code § 15-101(a), Commonwealth had twelve years, plus any time during which it was stayed "by written agreement filed in the case, or other order, or by the operation of an appeal," to file a motion to revive the judgment. The judgment at issue became enforceable on January 26, 1996, and unless there was a stay, the deadline to move to revive the judgment was January 26, 2008. Commonwealth did not file its Motion to Revive Judgment until March 4, 2008.
None of the events that Commonwealth points to gave rise to a stay that enlarges the twelve-year period. The defendant Hudson's repeated efforts to deny the existence of the judgment or to assert that it had been satisfied (including his unilateral filing of a Notice of Satisfaction of Judgment) did not operate to stay the judgment. Nor did the court's order ruling on Hudson's motion for a stay pending appeal operate to stay the judgment. That order made clear that a stay would be in place only if a bond were posted, and no bond was ever posted.
Accordingly, the Motion to Revive Lien was filed too late. An order follows denying the motion.