RE: [ISBA RealEstate] Old Judgments |
Mark Abendroth <realestate@iabar.org> | Friday April 29, 2016 07:59 |
|
614.1(6) Judgments of courts of record. Those founded on a judgment of a court of record,
whether of this or of any other of the United States, or of the federal courts of the United
States, within twenty years, except that a time period limitation shall not apply to an action
to recover a judgment for child support, spousal support, or a judgment of distribution of
marital assets.
614.3 Judgments.
No action shall be brought upon any judgment against a defendant therein, rendered in
any court of record of this state, within nine years after the rendition thereof, without leave
of the court for good cause shown, and, if the adverse party is a resident of this state, upon
reasonable notice of the application therefor to the adverse party; nor on a judgment of a
justice of the peace in the state within nine years after the same is rendered, unless the docket
of the justice or record of such judgment is lost or destroyed; but the time during which an
action on a judgment is prohibited by this section shall not be excluded in computing the
statutory period of limitation for an action thereon
Mark U Abendroth, Attorney
Abendroth and Russell P.C.
2536 73rd Street
Des Moines Iowa 50322-4700
515.334.8418 voice
515.278.0091 fax
MAbendroth@ARPCLaw.com
It is our purpose to provide our clients with the best legal services available, to excel in our practice areas, to "do what we do and do it well", for the mutual benefit of our clients and our employees.
WE COVER IOWA WISCONSIN and NEBRASKA
-----Original Message-----
From: realestate-owner@iabar.org [mailto:realestate-owner@iabar.org] On Behalf Of Timothy L Gartin
Sent: Thursday, April 28, 2016 4:52 PM
To: Andrew Mahoney <realestate@iabar.org>
Subject: Re: [ISBA RealEstate] Old Judgments
Hi Andrew,
You are good to go. Judgments are liens for only ten years.
Tim
---
Timothy Gartin
Hastings Gartin & Boettger LLP
409 Duff
Ames, IA 50010
T: 515-232-2501 / F: 515-232-2525
timothygartin@amesattorneys.com
On 28 Apr 2016, at 16:28, Andrew Mahoney wrote:
> Listmates,
>
> I'm working on an abstract that has a couple of very old judgments.
> One is a right to any delinquent support payments from 1978 that was
> assigned to DHS (Iowa Department of Services then I believe) and
> another was a small claims judgment in 1983 for $65 (with 7%
> interest). These judgments remain uncanceled of record and the owner
> of the property later became subject to a guardianship and
> conservatorship, which is now trying to sell the property. Is there
> anything that would wipe out these judgments (ex. Gship & Cship) or
> should I just flag it and tell them they must be paid?
>
> Thanks,
>
> Andrew L. Mahoney
> Kozlowski Law Group, LLC
> 218 Jefferson St, Suite 1A
> Burlington, Iowa 52601
> Ph: 319-753-6201
> Fax: 319-754-8471
> e-mail: andrew@kozlawllc.com<mailto:andrew@kozlawllc.com>
> website: kozlawllc.com
>
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