Bill Text: MN SF2114 | 2011-2012 | 87th Legislature | Chaptered

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Bill Title: Child support 20-year survival judgments provisions elimination

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2012-04-20 - Secretary of State Chapter 183 04/18/12 [SF2114 Detail]

Download: Minnesota-2011-SF2114-Chaptered.html

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CHAPTER 183--S.F.No. 2114

An act

relating to child support judgments; eliminating certain provisions
providing for 20-year survival of judgments;amending Minnesota Statutes 2010,
sections 541.04; 548.09, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2010, section 541.04, is amended to read:
541.04 JUDGMENTS, TEN OR 20 YEARS.
No action shall be maintained upon a judgment or decree of a court of the United
States, or of any state or territory thereof, unless begun within ten years after the entry of
such judgment or, in the case of a judgment for child support, including a judgment by
operation of law, unless begun within 20 years after entry of the judgment.
EFFECTIVE DATE.The amendments to this section are effective retroactively
from April 15, 2010, the date the language stricken in this section was finally enacted.

    Sec. 2. Minnesota Statutes 2010, section 548.09, subdivision 1, is amended to read:
    Subdivision 1. Entry and docketing; survival of judgment. Except as provided
in section 548.091, every judgment requiring the payment of money shall be entered
by the court administrator when ordered by the court and will be docketed by the court
administrator upon the filing of an affidavit as provided in subdivision 2. Upon a transcript
of the docket being filed with the court administrator in any other county, the court
administrator shall also docket it. From the time of docketing the judgment is a lien, in
the amount unpaid, upon all real property in the county then or thereafter owned by the
judgment debtor, but it is not a lien upon registered land unless it is also recorded pursuant
to sections 508.63 and 508A.63. The judgment survives, and the lien continues, for ten
years after its entry or, in the case of a judgment for child support, including a judgment
by operation of law, for 20 years after its entry. Child support judgments may be renewed
pursuant to section 548.091.
EFFECTIVE DATE.The amendments to this section are effective retroactively
from April 15, 2010, the date the language stricken in this section was finally enacted.