Bill Text: MN HF2476 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Child support 20-year survival judgements provisions eliminated.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-04 - HF indefinitely postponed [HF2476 Detail]
Download: Minnesota-2011-HF2476-Introduced.html
1.2relating to child support judgments; eliminating certain provisions providing for
1.320-year survival of judgments;amending Minnesota Statutes 2010, sections
1.4541.04; 548.09, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 541.04, is amended to read:
1.7541.04 JUDGMENTS, TENOR 20 YEARS.
1.8No action shall be maintained upon a judgment or decree of a court of the United
1.9States, or of any state or territory thereof, unless begun within ten years after the entry of
1.10such judgmentor, in the case of a judgment for child support, including a judgment by
1.11operation of law, unless begun within 20 years after entry of the judgment.
1.12EFFECTIVE DATE.The amendments to this section are effective retroactively
1.13from April 15, 2010, the date the language stricken in this section was finally enacted.
1.14 Sec. 2. Minnesota Statutes 2010, section 548.09, subdivision 1, is amended to read:
1.15 Subdivision 1. Entry and docketing; survival of judgment. Except as provided
1.16in section548.091 , every judgment requiring the payment of money shall be entered
1.17by the court administrator when ordered by the court and will be docketed by the court
1.18administrator upon the filing of an affidavit as provided in subdivision 2. Upon a transcript
1.19of the docket being filed with the court administrator in any other county, the court
1.20administrator shall also docket it. From the time of docketing the judgment is a lien, in
1.21the amount unpaid, upon all real property in the county then or thereafter owned by the
1.22judgment debtor, but it is not a lien upon registered land unless it is also recorded pursuant
1.23to sections508.63 and
508A.63 . The judgment survives, and the lien continues, for ten
2.1years after its entryor, in the case of a judgment for child support, including a judgment
2.2by operation of law, for 20 years after its entry. Child support judgments may be renewed
2.3pursuant to section548.091 .
2.4EFFECTIVE DATE.The amendments to this section are effective retroactively
2.5from April 15, 2010, the date the language stricken in this section was finally enacted.
1.320-year survival of judgments;amending Minnesota Statutes 2010, sections
1.4541.04; 548.09, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 541.04, is amended to read:
1.7541.04 JUDGMENTS, TEN
1.8No action shall be maintained upon a judgment or decree of a court of the United
1.9States, or of any state or territory thereof, unless begun within ten years after the entry of
1.10such judgment
1.11
1.12EFFECTIVE DATE.The amendments to this section are effective retroactively
1.13from April 15, 2010, the date the language stricken in this section was finally enacted.
1.14 Sec. 2. Minnesota Statutes 2010, section 548.09, subdivision 1, is amended to read:
1.15 Subdivision 1. Entry and docketing; survival of judgment. Except as provided
1.16in section
1.17by the court administrator when ordered by the court and will be docketed by the court
1.18administrator upon the filing of an affidavit as provided in subdivision 2. Upon a transcript
1.19of the docket being filed with the court administrator in any other county, the court
1.20administrator shall also docket it. From the time of docketing the judgment is a lien, in
1.21the amount unpaid, upon all real property in the county then or thereafter owned by the
1.22judgment debtor, but it is not a lien upon registered land unless it is also recorded pursuant
1.23to sections
2.1years after its entry
2.2
2.3pursuant to section
2.4EFFECTIVE DATE.The amendments to this section are effective retroactively
2.5from April 15, 2010, the date the language stricken in this section was finally enacted.
