Wells Fargo Equipment Finance v. Asterbadi

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CIT obtained a judgment against defendant in the Eastern District of Virginia. Under Virginia law, that judgment remained viable for 20 years. Roughly 10 years after the judgment had been entered, on August 27, 2003, CIT registered the judgment in the District of Maryland pursuant to 28 U.S.C. 1963. Under Maryland law, made relevant by Federal Rule of Civil Procedure 69(a), judgments expire 12 years after entry. After CIT sold the judgment to Wells Fargo, Wells Fargo began collection efforts in April 2015. The district court concluded that the time limitation for enforcement of the judgment began with the date of its registration in Maryland, on August 27, 2003, and that therefore it was still enforceable against defendant. The court held that the registration of the Virginia district court judgment in the District of Maryland at a time when the judgment was not time-barred by Virginia law functions as a new judgment in the District of Maryland, and Maryland’s 12-year limitations period for enforcement on the judgment begins running from the date of registration. Accordingly, the court affirmed the judgment. View "Wells Fargo Equipment Finance v. Asterbadi" on Justia Law