Senate File 2237 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     3037)

                                      A BILL FOR

  1 An Act relating to the statute of limitations period for
  2    executing judgments on claims for rent.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5700SV (3) 87
    js/jh

PAG LIN



  1  1    Section 1.  Section 615.1A, Code 2018, is amended to read as
  1  2 follows:
  1  3    615.1A  Execution on judgment == claim for rent.
  1  4    After the expiration of a period of five ten years from
  1  5 the date of entry of judgment in an action on a claim for
  1  6 rent, exclusive of any time during which execution on the
  1  7 judgment was stayed pending a bankruptcy action or order of
  1  8 court, such judgment shall be null and void, all liens shall be
  1  9 extinguished, and no execution shall be issued. However, in In
  1 10  the event that the a judgment or the right to collect thereon
  1 11  in an action on a claim for rent is sold or otherwise assigned
  1 12 for value to a third party other than a state or federally
  1 13 chartered bank or credit union, such judgment shall be null
  1 14 and void, all liens shall be extinguished, and no execution
  1 15 shall be issued after the expiration of two years from the
  1 16 date of entry of the judgment, exclusive of any time during
  1 17 which execution on the judgment was stayed pending a bankruptcy
  1 18 action or order of court.
  1 19                           EXPLANATION
  1 20 The inclusion of this explanation does not constitute agreement with
  1 21 the explanation's substance by the members of the general assembly.
  1 22    Current law provides a five=year statute of limitation
  1 23 period to execute a judgment on a claim for rent, exclusive of
  1 24 any time during which a court stayed the judgment pending a
  1 25 bankruptcy action or order of the court, provided that if the
  1 26 judgment or right to collect is sold or assigned for value to
  1 27 third parties other than state or federally chartered banks or
  1 28 credit unions, the statute of limitation period is two years.
  1 29 At the end of the applicable statute of limitation period, all
  1 30 liens shall extinguish and the judgment is void.
  1 31    This bill increases the five=year statute of limitation
  1 32 period that a person has to collect rent pursuant to a judgment
  1 33 in an action on a claim for rent to 10 years.
       LSB 5700SV (3) 87
       js/jh