Wednesday, July 22, 2009
4:48-4. Recourse by Some Judgment Debtors Against Other Judgment Debtors
If a judgment is recovered against 2 or more persons, one of whom, liable thereon secondarily or equally with any other, satisfies the judgment, or when bail in a civil action is compelled to pay a judgment against a defendant, the person paying the judgment may on motion and notice to the other persons in interest, excluding the judgment creditor, apply to the court for an order allowing the paying party the full benefit and control of the judgment and any outstanding execution. The court may make such order, on terms, and may direct that new execution issue for the purpose of compelling payment or contribution by any party liable in the amount fixed by the court. If the motion is granted the judgment shall be revived to the extent only of a judgment effective as of the date of such revival in favor of the person or persons applying as against the co-defendant or co-defendants or the person for whom bail was given. The clerk of the court in which the judgment is entered shall enter upon the margin of the record of the judgment the notation of revival of the judgment to the extent aforesaid and the date and docket number of the order of revival so entered; or, if the said judgment is docketed, the transcript shall include said notation, and the clerk of the court in which the same is docketed shall make like marginal entry. The order of revival shall be indexed by the clerk as a revived judgment.