Bill Text: MS HB810 | 2011 | Regular Session | Enrolled

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Bill Title: Judgments; clarify renewal.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-04-26 - Approved by Governor [HB810 Detail]

Download: Mississippi-2011-HB810-Enrolled.html

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MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Judiciary A

By: Representative Snowden

House Bill 810

(As Sent to Governor)

AN ACT TO AMEND SECTION 15-1-43, MISSISSIPPI CODE OF 1972, TO CLARIFY RENEWAL OF JUDGMENTS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 15-1-43, Mississippi Code of 1972, is amended as follows:

     15-1-43.  All actions founded on any judgment or decree rendered by any court of record in this state, shall be brought within seven (7) years next after the rendition of such judgment or decree, or last renewal of judgment or decree, whichever is later.

     A judgment or decree can be renewed only if, at the time of renewal, the existing judgment or decree has not expired.  A judgment or decree may be renewed by the filing with the clerk of the court that rendered such judgment or decree a Notice of Renewal of Judgment or Decree substantially in the following form:

NOTICE OF RENEWAL OF JUDGMENT OR DECREE

          (a)  Notice is given of renewal of judgment that was rendered and filed in this action as follows:

              (i)  Date that judgment was filed;

              (ii)  Case number of such judgment;

              (iii)  Judgment was taken against;

              (iv)  Judgment was taken in favor of;

              (v)  Current holder of such judgment;

              (vi)  Current amount owing of such judgment; and

              (vii)  Certification that at the time of the filing of the notice the judgment remains valid and has not been satisfied or barred.

          (b)  If applicable, that a Notice of Renewal of Judgment or Decree has been previously filed with the clerk of the court that rendered such judgment on:

     The renewal of such judgment is effective as of the date of the filing of the Notice of Renewal with the clerk of the court that rendered such judgment.  The renewal of judgment shall be treated in the same manner as the previously rendered judgment.  The circuit clerk shall enroll the Notice of Renewal showing the date of the filing of the Notice of Renewal, and the lien of the renewal of such judgment continues from the date of the enrollment of the existing judgment.  The right to renew a judgment in any other manner allowed by law instead of using the above Notice of Renewal remains unimpaired.

     At the time of the filing of the Notice of Renewal of Judgment, the judgment creditor or his attorney shall make and file with the clerk of the court that rendered the judgment an affidavit setting forth the name and last-known post office address of the judgment debtor and the judgment creditor.  Promptly upon the filing of the Notice of Renewal of Judgment, the clerk shall mail notice of the filing of the Notice of Renewal of Judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket.  The notice shall include the name and post office address of the judgment creditor and the judgment creditor's attorney, if any, in this state.  In addition, the judgment creditor may mail a notice of the filing of the Notice of Renewal of Judgment to the judgment debtor and may file proof of mailing with the clerk.  Lack of mailing notice of filing by the clerk shall not affect the validity of the renewal of judgment if proof of mailing by the judgment creditor has been filed.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2011.

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