§ 9-12-66.Venue of action to renew judgment
Chapter 12. Verdict and Judgment · Article 3. Dormancy and Revival of Judgments · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-12-66
Plain-English Summary
Renewing a dormant judgment by action, rather than by scire facias, has its own venue rule, and this section supplies it. The action belongs in the county where the defendant in judgment resides, and residence is measured as of the commencement of the renewal action — not where the defendant lived when the original judgment was entered, and not where the underlying lawsuit was originally filed.
That timing detail matters because people move. A defendant who resided in one county when the original judgment was entered may have relocated by the time dormancy sets in and the creditor wants to renew. This section directs the creditor to file where the defendant is found now, at the moment the renewal action begins, rather than chasing an outdated address tied to the earlier proceeding.
This venue rule applies specifically to the action route for renewal. The companion sections in this article addressing scire facias set their own rules for where that writ issues and returns, tied instead to the county where the original judgment was obtained.
Frequently Asked Questions
Where must an action to renew a dormant judgment be filed?
In the county where the defendant in judgment resides.
At what point in time is the defendant’s residence measured for venue purposes?
At the commencement of the renewal action, not at the time of the original judgment or the original lawsuit.
Does this venue rule apply to scire facias as well as to a renewal action?
This section addresses venue for an action to renew a judgment specifically; the scire facias procedure has its own issuance and return requirements tied to the court that entered the original judgment.
What if the defendant has moved since the original judgment was entered?
Venue follows the defendant’s current residence at the time the renewal action is filed, so the creditor generally must file in the defendant’s new county of residence.
Why does this section matter to a judgment creditor planning to renew?
Filing the renewal action in the wrong county risks a venue challenge, so confirming the defendant’s current county of residence before filing helps keep the renewal action on track.
Amendment History
Orig. Code 1863, § 3523; Code 1868, § 3546; Code 1873, § 3605; Code 1882, § 3605; Civil Code 1895, § 5379; Civil Code 1910, § 5974; Code 1933, § 110-1004.