HF 2598

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/06/2021 03:45pm

A bill for an act
relating to civil law; clarifying and amending procedure for renewal of judgments;
amending Minnesota Statutes 2020, sections 541.04; 548.09, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 541.04, is amended to read:

541.04 JUDGMENTS, TEN YEARS.

deleted text begin No action shall be maintained upon deleted text end new text begin (a) new text end A judgment or decree of a court of the United
States, or of any state or territory thereof, deleted text begin unless begun deleted text end new text begin is effective new text end within ten years after
the entry of deleted text begin such deleted text end new text begin that new text end judgment. new text begin Except as provided in paragraph (b), an action may be
brought to renew the judgment for the same period if the action to renew the judgment is
commenced within ten years after entry of that judgment.
new text end

new text begin (b) No action may be brought to renew a judgment for an assigned obligation arising
out of any consumer debt that is primarily for personal, family, or household purposes.
new text end

Sec. 2.

Minnesota Statutes 2020, section 548.09, subdivision 1, is amended to read:

Subdivision 1.

Entry and docketing; survival of judgment.

new text begin (a) new text end 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. Child
support judgments may be renewed pursuant to section 548.091. new text begin Except as provided in
paragraph (b), an action may be brought to renew the judgment for the same period if the
action to renew the judgment is commenced within ten years after entry of that judgment.
new text end

new text begin (b) No action may be brought to renew a judgment for an assigned obligation arising
out of any consumer debt that is primarily for personal, family, or household purposes.
new text end

new text begin (c) Child support judgments may be renewed pursuant to section 548.091.
new text end