Text: S05247                            Text: S05249
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5248

Amendment Text

PAG LIN
  1  1    Amend House File 2396, as passed by the House, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting before line 1, the
  1  4 following:
  1  5    "Section 1.  NEW SECTION.  677.7A  OFFER TO RECEIVE
  1  6 JUDGMENT AFTER ACTION BROUGHT.
  1  7    The plaintiff in an action for the recovery of
  1  8 money only may, at any time after the service of
  1  9 notice and before trial, serve upon the defendant or
  1 10 the defendant's attorney an offer in writing to
  1 11 receive judgment against the defendant for a specified
  1 12 sum with costs.
  1 13    Sec.    .  NEW SECTION.  677.8A  ACCEPTANCE –
  1 14 OFFER TO RECEIVE JUDGMENT.
  1 15    If the defendant accepts the offer, and gives
  1 16 notice thereof to the plaintiff or the plaintiff's
  1 17 attorney within five days after the offer is made, the
  1 18 offer, and an affidavit that the notice of acceptance
  1 19 was delivered in the time limited, may be filed by the
  1 20 defendant, or the plaintiff may file the acceptance
  1 21 with a copy of the offer, verified by affidavit; and
  1 22 in either case a minute of the offer and acceptance
  1 23 shall be entered upon the judge's calendar and
  1 24 judgment shall be rendered by the court accordingly."
  1 25    #2.  Page 1, line 1, by inserting after the figure
  1 26 "677.10A" the following:  "PENALTY – LOSS OF".
  1 27    #3.  Page 1, line 4, by inserting after the words
  1 28 "which is" the following:  "at least twenty percent".
  1 29    #4.  Page 1, by inserting after line 6, the
  1 30 following:
  1 31    "Sec.    .  NEW SECTION.  677.10B  PENALTY –
  1 32 ADDITIONAL PREJUDGMENT INTEREST.
  1 33    If an offer to receive judgment is made under this
  1 34 chapter and is not accepted, and a subsequent trial
  1 35 results in a judgment which is at least twenty percent
  1 36 more than the offer to receive judgment, prejudgment
  1 37 interest shall be calculated at twice the normal rate
  1 38 after the date of the offer to receive judgment."
  1 39    #5.  By renumbering as necessary.  
  1 40 
  1 41 
  1 42                               
  1 43 KEITH A. KREIMAN
  1 44 HF 2396.701 80
  1 45 rh/gg
     

Text: S05247                            Text: S05249
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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