How to Revive a Dormant Judgment in Delaware

A judgment from Delaware's Justice of the Peace Court doesn't last forever. After 5 years, it becomes dormant, so execution procedures cannot issue unless it is formally revived. But dormant doesn't mean dead. Delaware law gives you a path to bring the judgment back to life.

The 5-Year Enforcement Window

From the date the judgment is entered on the JP Court docket, you have 5 years to pursue collection using the court's enforcement tools — wage garnishment (Form 17), personal property levy (Form 16), debtor examinations, and transcript transfers for real estate liens.

Once 5 years pass without active enforcement, the judgment becomes dormant. The court will reject any new execution request you file. At that point, you need to formally revive the judgment before collection can resume.

Revival by Scire Facias: Form 15A

The revival mechanism is a Motion to Revive Judgment by Scire Facias, filed using JP Civil Form No. 15A. "Scire facias" is an old procedural writ that translates roughly as "make it known" — it's the court's way of putting the debtor on notice that you're reactivating the judgment.

The process:

1. File Form 15A with the JP Court clerk and pay the civil motion fee
2. The court issues the writ and serves it on the debtor
3. The debtor is served and has an opportunity to respond
4. If the debtor doesn't respond or the court rejects their defenses, the judge enters an order reviving the judgment for an additional 5-year enforcement period

The revival order restores enforcement for an additional 5-year period. Calculate the outstanding amount using the judgment, recorded payments, and the applicable post-judgment interest under 6 Del. C. § 2301(a).

Track the Current Enforcement Period

A JP Court judgment is enforceable for 5 years from entry; after revival, the court's order grants an additional 5-year period. Record the entry date and any revival order so you can track the current enforcement period. If the judgment becomes dormant, seek revival under Form 15A before requesting new execution.

Real Estate Liens Are on a Different Clock

If you transferred the judgment to the Superior Court Prothonotary under 10 Del. C. § 9569 to create a real estate lien, that lien runs on a 10-year clock under 10 Del. C. § 4711 — separate from the JP Court's 5-year enforcement window. So even if the JP Court judgment goes dormant, the Superior Court lien can still encumber the debtor's property for up to 10 years from the docketing date.

This makes the transcript transfer a valuable backstop for long-term collection, especially when the debtor's primary asset is a home.

The Delaware Judgment Collection Guide walks through the revival timeline and includes a tracking system for monitoring the 5-year and 10-year enforcement windows.

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