Rule 74.10.Revival of Lien of Judgment--Intermediate Encumbrances.
Part I · Rule 74: Judgments, Orders and Proceedings Thereon · Last amended January 1, 1988 · Last verified July 22, 2026
Full Text of Rule 74.10
Amendment History
Adopted May 22, 1987, eff. Jan. 1, 1988.
Plain-English Summary
Reviving a judgment restores its collectibility, but this rule addresses a narrower and more technical question: how does the revived lien rank against other liens or encumbrances that attached to the property in the gap between the original lien's expiration and the revival?
The rule draws the line based on timing of the show-cause order, not the timing of the eventual revival order. If the order to show cause is issued before the original lien expires, the revived lien prevails over any intermediate encumbrances — even if the actual judgment of revival is not entered until after the lien has technically expired. In effect, issuing the show-cause order in time preserves the lien's priority.
But if the order to show cause is not issued until after the lien has already expired, the calculus flips. In that case, the revival takes effect only from the date the revival order is entered, and it does not prevail over any intermediate encumbrances that attached during the gap. Judgment creditors who wait too long to start the revival process risk losing priority to liens that were recorded while their original lien had already lapsed.
Frequently Asked Questions
Does a revived lien always beat liens recorded after the original lien expired?
Only if the order to show cause was issued before the original lien expired. If the show-cause order came after expiration, the revived lien does not prevail over intermediate encumbrances.
What date matters for lien priority under this rule — the show-cause order or the revival order?
The date the show-cause order issues is what determines priority, not the date the court eventually enters the judgment of revival.
What happens if revival is granted after the lien has already lapsed?
If the show-cause order also came after the lien expired, the revival takes effect only from the date of entry and does not prevail over intermediate encumbrances recorded in the gap.
Why does timing of the show-cause order matter so much here?
Because it protects parties who recorded encumbrances against the property during a period when the original lien had lapsed but the creditor had already begun the revival process before expiration.
Does this rule change how long a revived lien lasts once it takes effect?
No. The rule only addresses priority against intermediate encumbrances based on the timing of the show-cause order; the duration of the lien itself is governed by Rules 74.08 and 74.09.