Text: HF02503 Text: HF02505 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 598.21B STATUTE OF LIMITATIONS
1 2 – FRAUD – JUDGMENT OF DISTRIBUTION OF MARITAL ASSETS.
1 3 The statute of limitations provisions established in
1 4 chapter 614 shall apply to actions brought for relief on the
1 5 ground of fraud relative to a judgment of distribution of
1 6 marital assets.
1 7 Sec. 2. Section 614.1, subsections 4 and 6, Code
1 8 Supplement 2003, are amended to read as follows:
1 9 4. UNWRITTEN CONTRACTS – INJURIES TO PROPERTY – FRAUD –
1 10 OTHER ACTIONS. Those founded on unwritten contracts, those
1 11 brought for injuries to property, or for relief on the ground
1 12 of fraud in cases heretofore solely cognizable in a court of
1 13 chancery, and all other actions not otherwise provided for in
1 14 this respect, within five years, except as provided by
1 15 subsections 6, 8, and 10.
1 16 6. JUDGMENTS OF COURTS OF RECORD.
1 17 a. Those founded on a judgment of a court of record,
1 18 whether of this or of any other of the United States, or of
1 19 the federal courts of the United States, within twenty years,
1 20 except that a time period limitation shall not apply to an
1 21 action to recover a judgment for child support, spousal
1 22 support, or a judgment of distribution of marital assets
1 23 except as provided in paragraph "b".
1 24 b. Notwithstanding paragraph "a" if fraud has been
1 25 perpetrated in connection with a judgment of distribution of
1 26 marital assets, an action may be brought for relief by the
1 27 person aggrieved against the perpetrator of the fraud or any
1 28 person benefiting from the fraud only within one year of the
1 29 discovery of the fraud as provided in section 614.4.
1 30 EXPLANATION
1 31 This bill provides that if an action is brought based on
1 32 fraud relative to a judgment of distribution of marital
1 33 assets, the action may only be brought within one year of
1 34 discovery of the party by the party aggrieved. Currently, a
1 35 time period limitation does not apply to any actions to
2 1 recover a judgment of distribution of marital assets and an
2 2 action for relief based upon the ground of fraud may only be
2 3 brought within five years from the time the cause of action
2 4 accrues.
2 5 LSB 5039HV 80
2 6 pf/gg/14
Text: HF02503 Text: HF02505 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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