Bill Text: IA HSB542 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to the statute of limitations period for executing judgments on claims for rent.

Spectrum: Committee Bill

Status: (N/A - Dead) 2018-02-06 - Subcommittee recommends passage. [HSB542 Detail]

Download: Iowa-2017-HSB542-Introduced.html
House Study Bill 542 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to the statute of limitations period for 1 executing judgments on claims for rent. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5700HC (1) 87 js/jh
H.F. _____ Section 1. Section 615.1A, Code 2018, is amended to read as 1 follows: 2 615.1A Execution on judgment —— claim for rent. 3 After the expiration of a period of five years from the 4 date of entry of judgment in an action on a claim for rent, 5 exclusive of any time during which execution on the judgment 6 was stayed pending a bankruptcy action or order of court, 7 such judgment shall be null and void, all liens shall be 8 extinguished, and no execution shall be issued. However, in In 9 the event that the a judgment or the right to collect thereon 10 in an action on a claim for rent is sold or otherwise assigned 11 for value to a third party other than a state or federally 12 chartered bank or credit union, such judgment shall be null 13 and void, all liens shall be extinguished, and no execution 14 shall be issued after the expiration of two years from the 15 date of entry of the judgment, exclusive of any time during 16 which execution on the judgment was stayed pending a bankruptcy 17 action or order of court. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 Current law provides a five-year statute of limitation 22 period to execute a judgment on a claim for rent, exclusive of 23 any time during which a court stayed the judgment pending a 24 bankruptcy action or order of the court, provided that if the 25 judgment or right to collect is sold or assigned for value to 26 third parties other than state or federally chartered banks or 27 credit unions, the statute of limitation period is two years. 28 At the end of the applicable statute of limitation period, all 29 liens shall extinguish and the judgment is void. 30 This bill eliminates the five-year statute of limitation 31 period that a person has to collect rent pursuant to a judgment 32 in an action on a claim for rent, but retains the two-year 33 statute of limitation period applicable when a person sells 34 or assigns for value a judgment or right to collect rent to a 35 -1- LSB 5700HC (1) 87 js/jh 1/ 2
H.F. _____ third party other than a state or federally chartered bank or 1 credit union. 2 -2- LSB 5700HC (1) 87 js/jh 2/ 2
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