Legal Definitions - amicable scire facias to revive a judgment

An amicable scire facias to revive a judgment is a legal procedure used to reactivate a court judgment that has become dormant or unenforceable due to the passage of time. The term "amicable" is key here, meaning that both the party who won the judgment (the creditor) and the party against whom it was issued (the debtor) *agree* to the revival. Instead of one party forcing the revival through a contested court process, they jointly or consensually ask the court to make the judgment enforceable again. This agreement often stems from a new understanding, a payment arrangement, or a need to clarify legal records between the parties.

• Example 1 (Business Debt Restructuring): Imagine a small manufacturing company, "Precision Parts Inc.," owed "Industrial Supplies Co." $75,000 based on a court judgment issued eight years ago. Due to a severe economic downturn, Precision Parts Inc. couldn't pay at the time, and the judgment eventually became dormant. Recently, Precision Parts Inc. secured a large new contract and approached Industrial Supplies Co. with a proposal for a structured payment plan. Both companies agreed that reviving the old judgment would provide a clear, legally binding framework for the new payment agreement, ensuring enforceability if the plan encountered issues. They jointly filed an amicable scire facias to revive the judgment with the court.

  Explanation: This illustrates the term because the judgment was dormant (due to time), and both parties (Precision Parts Inc. and Industrial Supplies Co.) *amicably* (consensually) agreed to have the court *revive* it, providing a legal basis for their new payment arrangement.

• Example 2 (Personal Loan Settlement): Ten years ago, Mr. Davies had a judgment against him for an unpaid personal loan from "First National Bank," which had long since become dormant. Mr. Davies recently received a bonus at work and, wanting to clear his old debts, contacted First National Bank. The bank agreed to accept a reduced lump sum payment to settle the debt, but required that the judgment be formally revived first to properly document the settlement and update all legal records. Mr. Davies and First National Bank jointly petitioned the court for an amicable scire facias to revive the judgment before the settlement funds were exchanged.

  Explanation: Here, the judgment was dormant. Mr. Davies (the debtor) and First National Bank (the creditor) *amicably* (by mutual agreement) sought to *revive* the judgment, not for contested enforcement, but to formally acknowledge and facilitate a consensual resolution of the old debt.

• Example 3 (Real Estate Lien Clearance): Fifteen years ago, a landscaping company, "GreenThumb Services," obtained a judgment against a property owner, Ms. Chen, for unpaid work. This judgment created a lien on Ms. Chen's property. The judgment eventually became dormant. Now, Ms. Chen is refinancing her home, and the title insurance company requires that all old liens be either satisfied or formally addressed. GreenThumb Services and Ms. Chen, having resolved their underlying dispute privately years ago, agreed to formally revive the judgment and then immediately file a satisfaction of judgment. This two-step process, initiated by an amicable scire facias to revive the judgment, was necessary to clear the title effectively, as the dormant lien could not simply be satisfied without first being active.

  Explanation: This example shows a dormant judgment that created a lien. Both parties, GreenThumb Services and Ms. Chen, *amicably* (by agreement) sought to *revive* the judgment. This was done to enable a subsequent, formal satisfaction of the lien, which was required for a property transaction, demonstrating a consensual reactivation for a specific legal purpose.