# Civil Litigation Question, Too Complicated For Thread Title, Explanation In OP **URL:** \ **Category:** Factual Questions\ **Created:** [February 19, 2020, 11:54pm UTC](https://boards.straightdope.com/t/civil-litigation-question-too-complicated-for-thread-title-explanation-in-op/848204 "2020-02-19T23:54:32Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\ **Post date:** [February 19, 2020, 11:54pm UTC](https://boards.straightdope.com/t/civil-litigation-question-too-complicated-for-thread-title-explanation-in-op/848204/1 "2020-02-19T23:54:32Z")
Ok, let’s say that Wilma is the Plaintiff and Fred the Defendant in a civil case. The judge awards one million dollars to Wilma. However, Fred is destitute and so of course the judgment can’t be enforced. Some time later, Fred dies, Wilma remains living. Some time later still, Fred’s descendants are searching through an old shed on his property and find that he’d hoarded gold and silver coins worth hundreds of thousands. Is Wilma eligible for that money? You are not my lawyer, I am not your client, I am not seeking legal advice, blah blah blah. Don’t need answer fast. Fred & Wilma are in Missouri, if it matters. ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [February 20, 2020, 12:01am UTC](https://boards.straightdope.com/t/civil-litigation-question-too-complicated-for-thread-title-explanation-in-op/848204/2 "2020-02-20T00:01:37Z")
There is usually a time limit on enforcing a judgment. Let’s see…google search… > [@Missouri Civil Law](#): > > RULE 74.08 LIEN OF JUDGMENT > > Except as provided in chapter 454, RSMo, or chapter 517, RSMo, the lien of a judgment commences upon entry of the judgment, continues for a period of three years, and is revived by a revival of the judgment… > > RULE 74.09 REVIVAL OF JUDGMENT > (a) When and by Whom. A judgment may be revived by order of the court that entered it pursuant to a motion for revival filed by a judgment creditor within ten years after entry of the judgment or the last prior revival of the judgment. > > (b) Order to Show Cause. Upon the filing of a motion of revival of a judgment, an order shall issue to the judgment debtor to show cause on a day certain why such judgment should not be revived. The order to show cause shall be served pursuant to Rule 54 on the judgment debtor, his successors in interest, or his legal representatives. > > (c) Judgment of Revival. If the judgment debtor, his successors in interest, or legal representatives fail to appear and show cause why the judgment should not be revived, the court shall enter an order reviving the judgment. ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [February 20, 2020, 12:03am UTC](https://boards.straightdope.com/t/civil-litigation-question-too-complicated-for-thread-title-explanation-in-op/848204/3 "2020-02-20T00:03:16Z")
Further reading from Missouri civil law… RULE 76.03 EXECUTION AGAINST HEIRS If there is a judgment against a deceased person whose estate has not been administered, an execution may be issued against his heirs to seize any property which belonged to the decedent at the time of his death. ---
**Author:** ![Melbourne](https://avatars.discourse-cdn.com/v4/letter/m/b5e925/32.png) [@Melbourne](https://boards.straightdope.com/u/Melbourne)\ **Post date:** [February 20, 2020, 9:38am UTC](https://boards.straightdope.com/t/civil-litigation-question-too-complicated-for-thread-title-explanation-in-op/848204/4 "2020-02-20T09:38:38Z")
After the executor finalizes the estate, are the heirs or executor ever liable for the debt? ---
**Author:** ![racer72](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/racer72/32/3075_2.png) [@racer72](https://boards.straightdope.com/u/racer72)\ **Post date:** [February 20, 2020, 11:56am UTC](https://boards.straightdope.com/t/civil-litigation-question-too-complicated-for-thread-title-explanation-in-op/848204/5 "2020-02-20T11:56:37Z")
> [@Melbourne](#): > > After the executor finalizes the estate, are the heirs or executor ever liable for the debt? No, only the estate owes the debt. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [February 20, 2020, 8:21pm UTC](https://boards.straightdope.com/t/civil-litigation-question-too-complicated-for-thread-title-explanation-in-op/848204/6 "2020-02-20T20:21:14Z")
Procedurally, there would probably have to be a proceeding in the local probate court to determine who gets the coins. Assuming the executor knows about the judgment, he or she might have to provide notice to the judgment creditor or at least disclose the judgment creditor to the court.