House
Study
Bill
542
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
the
statute
of
limitations
period
for
1
executing
judgments
on
claims
for
rent.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
615.1A,
Code
2018,
is
amended
to
read
as
1
follows:
2
615.1A
Execution
on
judgment
——
claim
for
rent.
3
After
the
expiration
of
a
period
of
five
years
from
the
4
date
of
entry
of
judgment
in
an
action
on
a
claim
for
rent,
5
exclusive
of
any
time
during
which
execution
on
the
judgment
6
was
stayed
pending
a
bankruptcy
action
or
order
of
court,
7
such
judgment
shall
be
null
and
void,
all
liens
shall
be
8
extinguished,
and
no
execution
shall
be
issued.
However,
in
In
9
the
event
that
the
a
judgment
or
the
right
to
collect
thereon
10
in
an
action
on
a
claim
for
rent
is
sold
or
otherwise
assigned
11
for
value
to
a
third
party
other
than
a
state
or
federally
12
chartered
bank
or
credit
union,
such
judgment
shall
be
null
13
and
void,
all
liens
shall
be
extinguished,
and
no
execution
14
shall
be
issued
after
the
expiration
of
two
years
from
the
15
date
of
entry
of
the
judgment,
exclusive
of
any
time
during
16
which
execution
on
the
judgment
was
stayed
pending
a
bankruptcy
17
action
or
order
of
court.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
Current
law
provides
a
five-year
statute
of
limitation
22
period
to
execute
a
judgment
on
a
claim
for
rent,
exclusive
of
23
any
time
during
which
a
court
stayed
the
judgment
pending
a
24
bankruptcy
action
or
order
of
the
court,
provided
that
if
the
25
judgment
or
right
to
collect
is
sold
or
assigned
for
value
to
26
third
parties
other
than
state
or
federally
chartered
banks
or
27
credit
unions,
the
statute
of
limitation
period
is
two
years.
28
At
the
end
of
the
applicable
statute
of
limitation
period,
all
29
liens
shall
extinguish
and
the
judgment
is
void.
30
This
bill
eliminates
the
five-year
statute
of
limitation
31
period
that
a
person
has
to
collect
rent
pursuant
to
a
judgment
32
in
an
action
on
a
claim
for
rent,
but
retains
the
two-year
33
statute
of
limitation
period
applicable
when
a
person
sells
34
or
assigns
for
value
a
judgment
or
right
to
collect
rent
to
a
35
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_____
third
party
other
than
a
state
or
federally
chartered
bank
or
1
credit
union.
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