Allied Esquire Group, Inc. v. Byrd & Associates, PLLC et al

Filing 64

ORDER granting 62 Motion to Renew Judgment. The Clerk is directed to accept the Notice of Renewal of Judgment for filing and to mail notice of the filing to judgment debtors Byrd & Associates, PLLC and Isaac K Byrd and to make note of the mailing in the docket. Signed by District Judge Keith Starrett on 6/15/18 (aa)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
ALLIED ESQUIRE GROUP, INC.
v.

PLAINTIFF
CIVIL ACTION NO. 2:10-CV-177-KS-MTP

BYRD & ASSOCIATES, PLLC, et al.

DEFENDANTS

ORDER
This matter is before the Court on Plaintiff Allied Esquire Group, Inc.’s Motion for
Renewal of Judgment [62]. The Court finds that this motion is well-taken and will be granted.
This Court entered a Final Judgment [59] against Defendants Byrd & Associates, PLLC
and Isaac K. Byrd, Jr., in this case on August 25, 2011. Under 28 U.S.C. § 1962, a federal judgment
operates as a lien in the same manner as a judgment of the state court. Buckley v. Nuckols & Assocs.
Sec., Inc., No. 2:07-cv-147-KS-MTP, 2007 WL 4287560, at *4 (S.D. Miss. Dec. 6, 2007).
Therefore, the Court looks to Mississippi law regarding the renewal of judgments.
In Mississippi, there is a seven-year limitation period for bringing an action on a judgment.
Miss. Code Ann. § 15-1-43. Mississippi law provides that any judgment rendered by a Mississippi
state court may be renewed only if the judgment has not expired at the time of renewal. Id. As
noted, this Court entered the judgment on August, 25, 2011; therefore, the Court finds that
Plaintiff’s renewal is timely.
Plaintiff has filed a Notice of Renewal of Judgment in accordance with Mississippi Code
Annotated § 15-1-43 contemporaneously with this motion. The Court finds that such notice is
sufficient under the requirements of the statute, as it includes:
(i) the date the judgment was filed;
(ii) the case number;

(iii) whom the judgment was taken against;
(iv) in whose favor the judgment was taken;
(v) the current holder of such judgment;
(vi) the current amount owing of such judgment; and
(vii) certification that, at the time of filing the notice , the judgment remains valid
and has not been satisfied or barred.
Miss. Code Ann. § 15-1-4(a). This renewal is effective as of the date of filing the notice, June 13,
2018.
The Court directs the Clerk to accept such Notice of Renewal of Judgment for filing and
to mail notice of the filing of the Notice of Renewal of Judgment to the judgment debtors Byrd &
Associates PLLC at 427 East Fortification Street, Jackson, Mississippi 39202 and Isaac K. Byrd,
Jr. at Post Office Box 19, Jackson, Mississippi 39205. Further, the Court directs the Clerk to make
note of the mailing in the docket. Upon such, Allied Esquire Group may enroll the renewed
judgment in the relevant circuit court.
SO ORDERED AND ADJUDGED, on this, the 15th day of June, 2018.

/s/ Keith Starrett
KEITH STARRETT
UNITED STATES DISTRICT JUDGE