The plaintiff sought leave to issue writs of seizure and sale and notices of garnishment against the defendant, 21 years after obtaining a default judgment.
The court considered whether the plaintiff provided an adequate explanation for the delay under Rules 60.07(2) and 60.08(2) of the Rules of Civil Procedure.
Finding that the plaintiff failed to file writs within the first six years and provided inadequate, hearsay evidence to explain the subsequent 15-year gap, the court inferred a waiver of rights.
The motion for leave was dismissed.
