Wade v. Poma Glass & Specialty Windows, Inc.
2012 Ky. LEXIS 199
| Ky. | 2012Background
- Poma Glass & Specialty Windows, Inc. obtained a 1991 default judgment against Wade for over $13,000.
- A writ of execution was issued in April 1991, the only such writ issued on the judgment.
- Poma pursued enforcement through judgment liens in 1992 and 2000, garnishments in 2005, and post-judgment discovery.
- Wade challenged the meaning of 'execution' in KRS 413.090(1) as either the writ of execution or a broader enforcement act.
- The trial court held that any enforcement action tolls the fifteen-year statute; the Court of Appeals agreed on garnishments, and the Supreme Court affirmed.
- The Supreme Court held that 'execution' is an act of enforcing the judgment, including garnishments and liens, tolling the fifteen-year statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of execution in KRS 413.090(1) | Poma argues execution is the broad act of enforcement. | Wade argues execution is only the writ of execution. | Execution is a broad act of enforcing the judgment. |
| tolling of the fifteen-year statute by post-judgment enforcement | Poma contends garnishments and liens toll the period. | Wade contends tolling is limited to writs of execution and similar actions. | Garnishments and judgment liens toll the fifteen-year statute. |
Key Cases Cited
- Thierman Co. v. Wolff, 102 S.W. 844 (Ky. 1905) (tolling of the statute by later actions on a judgment)
- Slaughter v. Mattingly, 159 S.W. 980 (Ky. 1913) (two methods to keep a judgment alive for limitations tolling)
- White v. Moore, 38 S.W. 505 (Ky. 1897) (equitable proceedings tolling the limitations period (distinguishing later cases))
- Ray v. Peter Fox Sons Co. of Kentucky, 114 S.W.2d 750 (Ky. 1938) (context on garnishment and attachment origins in Civil Code)
- Marcum v. Marcum, 161 S.W. 516 (Ky. 1913) (discovery and attachment post-judgment procedures under Civil Code)