Unifund CCR Partners, Assignee of Citibank (South Dakota) N.A. v. Abright

February 13, 2019 by Justia

The Supreme Court reversed the judgment of the circuit court overruling Unifund CCR Partners Assignee of Citibank (South Dakota) N.A.’s motion for revival of judgment on grounds it was filed out of time, holding that the motion was timely filed.On June 28, 2005 the circuit court entered a default judgment in favor of Unifund and against William Abright. Unified served garnishments on Abright’s employer, who paid the garnished funds into the circuit court registry, and the last payment into the registry was made July 26, 2007. On July 17, 2017, Unifund filed a motion for revival of the judgment against Abright. The circuit court overruled the motion as untimely. The Supreme Court reversed, holding that Unifund’s July 17, 2017 motion to revive the judgment was timely filed within ten years of the last prior revival of the judgment on July 26, 2007. View "Unifund CCR Partners, Assignee of Citibank (South Dakota) N.A. v. Abright" on Justia Law