CHAPTER 548. JUDGMENTS
Table of Sections
|548.01||Repealed, 1974 c 394 s 12
|548.02||Repealed, 1974 c 394 s 12
|548.03||Repealed, 1974 c 394 s 12
|548.04||JUDGMENT IN REPLEVIN.|
|548.05||TREBLE DAMAGES FOR TRESPASS.|
|548.06||DAMAGES FOR LIBEL.|
|548.07||JUDGMENT AFTER DEATH OF PARTY.|
|548.08||JUDGMENT ROLL, HOW MADE UP.|
|548.09||LIEN OF JUDGMENT.|
|548.091||SUPPORT, MAINTENANCE, OR COUNTY REIMBURSEMENT JUDGMENTS.|
|548.092||CHILD SUPPORT JUDGMENT BY OPERATION OF LAW; APPLICATION.|
|548.10||NEW COUNTY; DOCKETING OLD JUDGMENTS; REAL ESTATE TAX JUDGMENTS.|
|548.11||FEDERAL COURT JUDGMENT; DOCKETING.|
|548.12||LIEN DISCHARGED BY DEPOSIT OF MONEY, WHEN.|
|548.13||ASSIGNMENT OF JUDGMENT; MODE AND EFFECT.|
|548.14||JUDGMENTS, PROCURED BY FRAUD, SET ASIDE BY ACTION.|
|548.15||DISCHARGE OF RECORD.|
|548.16||SATISFACTION AND ASSIGNMENT BY STATE.|
|548.17||PAYMENT AND SATISFACTION BY COURT ADMINISTRATOR.|
|548.18||Repealed, 1987 c 26 s 8
|548.181||DISCHARGE OF JUDGMENTS AGAINST BANKRUPTCY DEBTORS.|
|548.19||JOINT DEBTORS; CONTRIBUTION AND SUBROGATION.|
|548.20||SEVERAL JUDGMENTS AGAINST JOINT DEBTORS.|
|548.21||DISCHARGE OF JOINT DEBTOR.|
|548.22||CONFESSION OF JUDGMENT.|
|548.23||PLEA OF CONFESSION.|
|548.24||SUBMISSION WITHOUT ACTION.|
|548.25||VACATING REAL ESTATE JUDGMENT; WITHIN WHAT TIME.|
UNIFORM ENFORCEMENT OF
FOREIGN JUDGMENTS ACT
|548.27||FILING AND STATUS OF FOREIGN JUDGMENTS.|
|548.28||NOTICE OF FILING.|
|548.32||UNIFORMITY OF APPLICATION AND CONSTRUCTION.|
UNIFORM FOREIGN COUNTRY
MONEY-JUDGMENTS RECOGNITION ACT
|548.35||UNIFORM FOREIGN COUNTRY MONEY-JUDGMENTS RECOGNITION ACT.|
COLLATERAL SOURCE PAYMENTS
|548.36||COLLATERAL SOURCE CALCULATIONS.|
UNIFORM FOREIGN-MONEY CLAIMS ACT
|548.42||VARIATION BY AGREEMENT.|
|548.43||DETERMINING MONEY OF THE CLAIM.|
|548.44||DETERMINING AMOUNT OF THE MONEY OF CERTAIN CONTRACT CLAIMS.|
|548.45||ASSERTING AND DEFENDING FOREIGN-MONEY CLAIM.|
|548.46||JUDGMENTS AND AWARDS ON FOREIGN-MONEY CLAIMS; TIMES OF MONEY CONVERSION; FORM OF JUDGMENT.|
|548.47||CONVERSIONS OF FOREIGN MONEY IN DISTRIBUTION PROCEEDING.|
|548.48||PREJUDGMENT AND JUDGMENT INTEREST.|
|548.49||ENFORCEMENT OF FOREIGN JUDGMENTS.|
|548.50||DETERMINING UNITED STATES DOLLAR VALUE OF FOREIGN-MONEY CLAIMS FOR LIMITED PURPOSES.|
|548.51||EFFECT OF CURRENCY REVALORIZATION.|
|548.52||SUPPLEMENTARY GENERAL PRINCIPLES OF LAW.|
548.04 JUDGMENT IN REPLEVIN.
In an action to recover the possession of personal property, judgment may be rendered for
the plaintiff and for the defendant, or for either. Judgment for either, if the property has not been
delivered, and a return is claimed in the complaint or answer, may be for the possession or the
value thereof in case possession cannot be obtained, and damages for the detention, or the taking
and withholding. If possession cannot be obtained of the whole of such property but may be
obtained for part thereof then the party entitled thereto may have possession of the part which
may be obtained and recover the value of the remainder or may elect to take judgment for the
value of the whole of such property. When the prevailing party is in possession of the property,
the value thereof shall not be included in the judgment. If the property has been delivered to the
plaintiff, and the action be dismissed before answer, or if the answer so claim, the defendant shall
have judgment for a return, and damages, if any, for the detention, or the taking and withholding,
of such property; but such judgment shall not be a bar to another action for the same property or
any part thereof; provided, that in an action for the recovery of specific personal property by the
vendor in a conditional sale contract therefor, or by the vendor's successor in interest, by reason of
default in the terms of such conditional sale contract, where it shall appear that the defendant in
said action is an innocent purchaser for value of the property and without actual knowledge of the
existence of such conditional sale contract, in the event that the plaintiff shall prevail in the action,
the measure of the plaintiff's recovery shall be the balance unpaid on the conditional sale contract
with interest thereon at the rate fixed in the conditional sale contract, if any, reasonable attorney's
fees to be approved by the court and the costs and disbursements of the action.
History: (9395) RL s 4267; 1931 c 202 s 1; 1986 c 444
548.05 TREBLE DAMAGES FOR TRESPASS.
Whoever shall carry away, use or destroy any wood, timber, lumber, hay, grass, or other
personal property of another person, without lawful authority, shall be liable to the owner thereof
for treble the amount of damages assessed therefor in an action to recover such damages. If upon
trial, the defendant proves having probable cause to believe that such property was the defendant's
own, or was owned by the person for whom the defendant acted, judgment shall be given for the
actual damages only, and for costs.
History: (9396) RL s 4268; 1986 c 444
548.06 DAMAGES FOR LIBEL.
In an action for damages for the publication of a libel in a newspaper, the plaintiff shall
recover no more than special damages, unless a retraction be demanded and refused as hereinafter
provided. The plaintiff shall serve upon the publisher at the principal place of publication,
a notice, specifying the statements claimed to be libelous, and requesting that the same be
withdrawn. If a retraction thereof be not published on the same page and in the same type and the
statement headed in 18-point type or larger "RETRACTION," as were the statements complained
of, in a regular issue thereof published within one week after such service, the plaintiff may allege
such notice, demand, and failure to retract in the complaint and recover both special and general
damages, if the cause of action be maintained. If such retraction be so published, the plaintiff may
still recover general damages, unless the defendant shall show that the libelous publication was
made in good faith and under a mistake as to the facts. If the plaintiff was a candidate for office at
the time of the libelous publication, no retraction shall be available unless published on the same
page and in the same type and the statement headed in 18-point type or larger "RETRACTION,"
as were the statements complained of, in a regular issue thereof published within one week after
such service and in a conspicuous place on the editorial page, nor if the libel was published within
one week next before the election. This section shall not apply to any libel imputing unchastity.
History: (9397) RL s 4269; 1937 c 299 s 1; 1986 c 444; 1987 c 49 s 14
548.07 JUDGMENT AFTER DEATH OF PARTY.
Judgment may be entered after the death of a party upon a verdict, or decision upon an issue
of fact, rendered in the party's lifetime. Such judgment shall not be a lien on real property of the
decedent, but shall be payable, in the course of administration of the decedent's estate, as if
allowed by the district court against the estate.
History: (9398) RL s 4270; 1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1
548.08 JUDGMENT ROLL, HOW MADE UP.
Upon entering the judgment, the court administrator shall forthwith attach together and file
the following papers, which shall constitute the judgment roll:
(1) if the complaint be not answered, the summons and proof of its service, the complaint,
proof that no answer has been received, any report, decision or order filed in the case, and the
(2) in all other cases, the summons and pleadings, notices of motion and orders made
thereon, a copy of the judgment, the verdict, decision, or report, all offers of the defendant, and all
orders involving the merits of the action and affecting the judgment. If any original paper be lost
or withheld, the court may permit a copy to be filed and used in its stead. A settled case or bill of
exceptions, if one is filed, shall be attached to the judgment roll upon the request of either party.
History: (9399) RL s 4271; 1981 c 121 s 2; 1Sp1986 c 3 art 1 s 82
548.09 LIEN OF JUDGMENT.
Subdivision 1. Entry and docketing; survival of judgment.
Except as provided in
, 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
. The judgment survives,
and the lien continues, for ten years after its entry. Child support judgments may be renewed
pursuant to section
Subd. 2. Judgment creditor's affidavit.
No judgment, except for taxes, shall be docketed
until the judgment creditor, or the creditor's agent or attorney, has filed with the court administrator
an affidavit, stating the full name, occupation, place of residence, and post office address of the
judgment debtor, to the best of affiant's information and belief. If the residence is within an
incorporated place having more than 5,000 inhabitants, the street number of both the judgment
debtor's place of residence and place of business, if the debtor has one, shall be stated.
Subd. 3. Violations by court administrator.
If the court administrator violates this
provision, neither the judgment nor the docketing is invalid, but the court administrator shall be
liable to a person damaged by the violation in the sum of $5.
History: (9400) RL s 4272; 1913 c 112 s 1; 1983 c 308 s 30; 1984 c 547 s 22,23; 1986 c
335 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989 c 209 art 1 s 43; 1993 c 340 s 50; 1999 c 245
art 7 s 12; 2005 c 4 s 129
548.091 SUPPORT, MAINTENANCE, OR COUNTY REIMBURSEMENT JUDGMENTS.
Subdivision 1. Entry and docketing of maintenance judgment.
(a) A judgment for
unpaid amounts under a judgment or decree of dissolution or legal separation that provides for
installment or periodic payments of maintenance shall be entered by the court administrator
when ordered by the court or shall be entered and docketed by the court administrator when
the following conditions are met:
(1) the obligee determines that the obligor is at least 30 days in arrears;
(2) the obligee serves a copy of an affidavit of default and notice of intent to enter and
docket judgment on the obligor by first class mail at the obligor's last known post office address.
Service shall be deemed complete upon mailing in the manner designated. The affidavit shall
state the full name, occupation, place of residence, and last known post office address of the
obligor, the name of the obligee, the date of the first unpaid amount, the date of the last unpaid
amount, and the total amount unpaid;
(3) the obligor fails within 20 days after mailing of the notice either to pay all unpaid
amounts or to request a hearing on the issue of whether arrears claimed owing have been paid and
to seek, ex parte, a stay of entry of judgment; and
(4) not less than 20 days after service on the obligor in the manner provided, the obligee
files with the court administrator the affidavit of default together with proof of service and,
if payments have been received by the obligee since execution of the affidavit of default, a
supplemental affidavit setting forth the amount of payment received and the amount for which
judgment is to be entered and docketed.
(b) A judgment entered and docketed under this subdivision has the same effect and is
subject to the same procedures, defenses, and proceedings as any other judgment in district court,
and may be enforced or satisfied in the same manner as judgments under section
(c) An obligor whose property is subject to the lien of a judgment for installment of periodic
payments of maintenance under section
, and who claims that no amount of maintenance is
in arrears, may move the court ex parte for an order directing the court administrator to vacate the
lien of the judgment on the docket and register of the action where it was entered. The obligor
shall file with the motion an affidavit stating:
(1) the lien attached upon the docketing of a judgment or decree of dissolution or separate
(2) the docket was made while no installment or periodic payment of maintenance was
unpaid or overdue; and
(3) no installment or periodic payment of maintenance that was due prior to the filing of the
motion remains unpaid or overdue.
The court shall grant the obligor's motion as soon as possible if the pleadings and affidavit
show that there is and has been no default.
Subd. 1a. Child support judgment by operation of law.
(a) Any payment or installment
of support required by a judgment or decree of dissolution or legal separation, determination of
parentage, an order under chapter 518C, an order under section
, or an order under section
, that is not paid or withheld from the obligor's income as required under
, or which is ordered as child support by judgment, decree, or order by a court
in any other state, is a judgment by operation of law on and after the date it is due, is entitled
to full faith and credit in this state and any other state, and shall be entered and docketed by the
court administrator on the filing of affidavits as provided in subdivision 2a. Except as otherwise
provided by paragraph (b), interest accrues from the date the unpaid amount due is greater than
the current support due at the annual rate provided in section
549.09, subdivision 1
, plus two
percent, not to exceed an annual rate of 18 percent. A payment or installment of support that
becomes a judgment by operation of law between the date on which a party served notice of a
motion for modification under section
518A.39, subdivision 2
, and the date of the court's order on
modification may be modified under that subdivision.
(b) Notwithstanding the provisions of section
, upon motion to the court and upon
proof by the obligor of 12 consecutive months of complete and timely payments of both current
support and court-ordered paybacks of a child support debt or arrearage, the court may order
interest on the remaining debt or arrearage to stop accruing. Timely payments are those made in
the month in which they are due. If, after that time, the obligor fails to make complete and timely
payments of both current support and court-ordered paybacks of child support debt or arrearage,
the public authority or the obligee may move the court for the reinstatement of interest as of the
month in which the obligor ceased making complete and timely payments.
The court shall provide copies of all orders issued under this section to the public authority.
The state court administrator shall prepare and make available to the court and the parties forms
to be submitted by the parties in support of a motion under this paragraph.
(c) Notwithstanding the provisions of section
, upon motion to the court, the court
may order interest on a child support debt or arrearage to stop accruing where the court finds that
the obligor is:
(1) unable to pay support because of a significant physical or mental disability;
(2) a recipient of Supplemental Security Income (SSI), Title II Older Americans Survivor's
Disability Insurance (OASDI), other disability benefits, or public assistance based upon need; or
(3) institutionalized or incarcerated for at least 30 days for an offense other than nonsupport
of the child or children involved, and is otherwise financially unable to pay support.
(d) If the conditions in paragraph (c) no longer exist, upon motion to the court, the court
may order interest accrual to resume retroactively from the date of service of the motion to
resume the accrual of interest.
Subd. 2. Amount and survival of maintenance judgment.
The court administrator shall
enter and docket judgment in the amount of each affidavit filed under subdivision 1 less any
amount paid. From the time of docketing, the judgment is a lien in the amount unpaid upon all the
real property in the county then or after owned by the judgment debtor. The judgment survives
and the lien continues for ten years after its entry.
Subd. 2a. Entry and docketing of child support judgment.
(a) On or after the date an
unpaid amount becomes a judgment by operation of law under subdivision 1a, the obligee or the
public authority may file with the court administrator:
(1) a statement identifying, or a copy of, the judgment or decree of dissolution or legal
separation, determination of parentage, order under chapter 518B or 518C, an order under section
, an order under section
, or judgment, decree, or order for child
support by a court in any other state, which provides for periodic installments of child support, or
a judgment or notice of attorney fees and collection costs under section
(2) an affidavit of default. The affidavit of default must state the full name, occupation, place
of residence, and last known post office address of the obligor, the name of the obligee, the date
or dates payment was due and not received and judgment was obtained by operation of law, the
total amount of the judgments to be entered and docketed; and
(3) an affidavit of service of a notice of intent to enter and docket judgment and to recover
attorney fees and collection costs on the obligor, in person or by first class mail at the obligor's last
known post office address. Service is completed upon mailing in the manner designated. Where
applicable, a notice of interstate lien in the form promulgated under United States Code, title 42,
section 652(a), is sufficient to satisfy the requirements of clauses (1) and (2).
(b) A judgment entered and docketed under this subdivision has the same effect and is
subject to the same procedures, defenses, and proceedings as any other judgment in district
court, and may be enforced or satisfied in the same manner as judgments under section
except as otherwise provided.
Subd. 3.[Repealed, 1999 c 245 art 7 s 24
Subd. 3a. Entry, docketing, and survival of child support judgment.
Upon receipt of the
documents filed under subdivision 2a, the court administrator shall enter and docket the judgment
in the amount of the unpaid obligation identified in the affidavit of default.
Subd. 3b. Child support judgment administrative renewals.
Child support judgments
may be renewed by service of notice upon the debtor. Service must be by first class mail at the
last known address of the debtor, with service deemed complete upon mailing in the manner
designated, or in the manner provided for the service of civil process. Upon the filing of the
notice and proof of service, the court administrator shall administratively renew the judgment for
child support without any additional filing fee in the same court file as the original child support
judgment. The judgment must be renewed in an amount equal to the unpaid principle plus the
accrued unpaid interest. Child support judgments may be renewed multiple times until paid.
Subd. 4. Child support hearing.
A child support obligor may request a hearing under the
Rules of Civil Procedure on the issue of whether the judgment amount or amounts have been paid
and may move the court for an order directing the court administrator to vacate or modify the
judgment or judgments entered pursuant to this action.
The court shall grant the obligor's motion if it determines that there is no default.
Subd. 5.[Repealed, 1999 c 245 art 7 s 24
Subd. 5a. Additional child support judgments.
As child support payments continue to
become due and are unpaid, additional judgments may be entered and docketed by following the
procedures in subdivision 1a. Each judgment entered and docketed for unpaid child support
payments must be treated as a distinct judgment for purposes of enforcement and satisfaction.
Subd. 6.[Repealed, 1999 c 245 art 7 s 24
Subd. 7. Fees.
The public authority is exempt from payment of fees when a judgment
is docketed or a certified copy of a judgment is issued by a court administrator, or a notice of
judgment lien or a certified copy of a judgment is presented to a registrar of titles for recording. If
a notice or certified copy is recorded by the public authority under this subdivision, the registrar
of titles may collect from a party presenting for recording a satisfaction or release of the notice
or certified copy the fees for recording and memorializing both the notice or certified copy and
the satisfaction or release.
Subd. 8. Registered land.
If requested by the public authority and upon the public authority's
providing a notice of judgment lien or a certified copy of a judgment for child support debt,
together with a street address, tax parcel identifying number, or a legal description for a parcel
of real property, the county recorder shall search the registered land records in that county and
cause the notice of judgment lien or certified copy of the judgment to be memorialized on every
certificate of title or certificate of possessory title of registered land in that county that can be
reasonably identified as owned by the obligor who is named on a docketed judgment. The fees
for memorializing the lien or judgment must be paid in the manner prescribed by subdivision
7. The county recorders and their employees and agents are not liable for any loss or damages
arising from failure to identify a parcel of registered land owned by the obligor who is named
on the docketed judgment.
Subd. 9. Payoff statement.
The public authority shall issue to the obligor, attorneys, lenders,
and closers, or their agents, a payoff statement setting forth conclusively the amount necessary to
satisfy the lien. Payoff statements must be issued within three business days after receipt of a
request by mail, personal delivery, telefacsimile, or electronic mail transmission, and must be
delivered to the requester by telefacsimile or electronic mail transmission if requested and if
appropriate technology is available to the public authority.
Subd. 10. Release of lien.
Upon payment of the amount due, the public authority shall
execute and deliver a satisfaction of the judgment lien within five business days.
Subd. 11. Special procedures.
The public authority shall negotiate a release of lien on
specific property for less than the full amount due where the proceeds of a sale or financing, less
reasonable and necessary closing expenses, are not sufficient to satisfy all encumbrances on the
liened property. Partial releases do not release the obligor's personal liability for the amount
unpaid. A partial satisfaction for the amount received must be filed with the court administrator.
Subd. 12. Correcting errors.
The public authority shall maintain a process to review the
identity of the obligor and to issue releases of lien in cases of misidentification. The public
authority shall maintain a process to review the amount of child support judgments arising by
operation of law. The public authority may move the court for an order to amend the judgment
when the amount of judgment entered and docketed is incorrect.
Subd. 13. Forms.
The Department of Human Services, after consultation with registrars of
title, shall prescribe the notice of judgment lien. These forms are not subject to chapter 14.
History: 1984 c 547 s 24; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 331 s 6; 1988 c 593
s 10-16; 1993 c 340 s 51,52; 1994 c 630 art 11 s 16; 1996 c 391 art 2 s 2; 1997 c 203 art 6 s
72-83,92; 1997 c 245 art 3 s 17; 1999 c 139 art 4 s 2; 1999 c 245 art 7 s 13-21; 1Sp2001 c 9
art 12 s 19; 2002 c 344 s 23-25; 2002 c 379 art 1 s 113; 2005 c 159 art 4 s 2; 2005 c 164 s
29; 1Sp2005 c 7 s 28
548.092 CHILD SUPPORT JUDGMENT BY OPERATION OF LAW; APPLICATION.
Section 548.091, subdivision 1a, applies retroactively to any child support arrearage that
accrued before August 1, 1988, except that no arrearage may be docketed under section
, if the arrearage is more than ten years past due at the time of docketing.
History: 1990 c 568 art 2 s 89
548.10 NEW COUNTY; DOCKETING OLD JUDGMENTS; REAL ESTATE TAX
When a new county is created, the court administrator of the district court thereof shall
transcribe into the court administrator's records all the docket entries relative to judgments for
the payment of money, including real estate tax judgments, against lands situated in such new
county, rendered within the ten years next preceding such creation and docketed in the counties
from which such new county was set off, and such transcribed entries shall have the same effect
as transcripts of dockets of judgments made by the court administrator of the county where the
originals were docketed and filed in another county. For such transcription the court administrator
shall receive from the new county 15 cents for each judgment.
History: (9401) RL s 4273; 1907 c 159 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82
548.11 FEDERAL COURT JUDGMENT; DOCKETING.
Every judgment requiring the payment of money rendered in a circuit or district court of the
United States within this state shall be, from the docketing thereof in said court, a lien upon the
real property of the judgment debtor situated in the county in which it is so docketed, the same as
a judgment of the state court. A transcript of such docket may be filed with the court administrator
of the district court of any other county, and shall be docketed in the court administrator's office as
in the case of judgments of the state courts, and with like effect.
History: (9402) RL s 4274; 1986 c 444; 1Sp1986 c 3 art 1 s 82
548.12 LIEN DISCHARGED BY DEPOSIT OF MONEY, WHEN.
Whenever an appeal shall be taken from a docketed judgment, or any motion shall be
pending to set the same aside or for a new trial, the judgment debtor may deposit in court an
amount sufficient to secure the payment of such judgment, with all interest and costs likely to
accrue thereon pending the appeal or motion. The court shall make an order approving such
deposit, and thereupon the judgment lien upon the real estate of the debtor shall cease and be
transferred to the money so deposited. A certified copy of such order may be filed with the court
administrator in any county in which a transcript of the judgment shall have been docketed.
History: (9403) RL s 4275; 1Sp1986 c 3 art 1 s 82
548.13 ASSIGNMENT OF JUDGMENT; MODE AND EFFECT.
Every assignment of a judgment shall be in writing, signed and acknowledged by the
assignor, except that written notice of assignment shall be sufficient in the case of assignment
. No assignment shall be valid as against a subsequent purchaser of the
judgment in good faith for value, or against a creditor levying upon or attaching the same,
unless it is filed with the court administrator and an entry is made in the docket. When filed and
entered, no one but the assignee, the assignee's agent, or attorney, shall be authorized to collect
or enforce the judgment; provided, that the lien of an attorney on the judgment shall not be
affected by the assignment.
History: (9404) RL s 4276; 1984 c 547 s 25; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1999 c
159 s 140
548.14 JUDGMENTS, PROCURED BY FRAUD, SET ASIDE BY ACTION.
Any judgment obtained in a court of record by means of perjury, subornation of perjury,
or any fraudulent act, practice, or representation of the prevailing party, may be set aside in an
action brought for that purpose by the aggrieved party in the same judicial district within three
years after the discovery by the aggrieved party of such perjury or fraud. In such action the
court may either enjoin the enforcement of the judgment or command the satisfaction thereof,
may compel the party procuring the same to restore any property received by virtue thereof,
and may make such other or further order or judgment as justice shall require; but no right or
interest of a third party acquired under such judgment in good faith, and without knowledge of the
wrong complained of, shall be affected by the action herein provided for; provided, if during the
pendency of such action the enforcement of such judgment or an action thereon shall become
barred by the statute of limitations, and such judgment is sustained, the same may be enforced, or
an action commenced thereon, within one year after such action is finally determined.
History: (9405) RL s 4277; 1986 c 444
548.15 DISCHARGE OF RECORD.
Subdivision 1. General.
Except as provided in subdivision 2, upon the satisfaction of
a judgment, whether wholly or in part, or as to all or any of several defendants, the court
administrator shall enter the satisfaction in the judgment roll, and note it, with its date, on the
docket. If the docketing is upon a transcript from another county, the entry on the docket is
sufficient. A judgment is satisfied when there is filed with the court administrator:
(1) an execution satisfied, to the extent stated in the sheriff's return on it;
(2) a certificate of satisfaction signed and acknowledged by the judgment creditor;
(3) a like certificate signed and acknowledged by the attorney of the creditor, unless that
attorney's authority as attorney has previously been revoked and an entry of the revocation made
upon the register; the authority of an attorney to satisfy a judgment ceases at the end of six
years from its entry;
(4) an order of the court, made on motion, requiring the execution of a certificate of
satisfaction, or directing satisfaction to be entered without it;
(5) where a judgment is docketed on transcript, a copy of either of the foregoing documents,
certified by the court administrator in which the judgment was originally entered and in which the
originals were filed.
A satisfaction made in the name of a partnership is valid if executed by a member of it while
the partnership continues. The judgment creditor, or the creditor's attorney while the attorney's
authority continues, may also satisfy a judgment of record by a brief entry on the register, signed
by the creditor or the creditor's attorney, and dated and witnessed by the court administrator, who
shall note the satisfaction on the margin of the docket. Except as provided in subdivision 2,
when a judgment is satisfied otherwise than by return of execution, the judgment creditor or the
creditor's attorney shall file a certificate of it with the court administrator within ten days after the
satisfaction or within 30 days of payment by check or other noncertified funds.
Subd. 2. Child support or maintenance judgment.
In the case of a judgment for child
support or spousal maintenance, an execution or certificate of satisfaction need not be filed with
the court until the judgment is satisfied in full.
History: (9406) RL s 4278; 1979 c 12 s 2; 1981 c 121 s 3; 1983 c 235 s 1; 1986 c 444;
1Sp1986 c 3 art 1 s 82; 1988 c 484 s 2; 1995 c 257 art 3 s 14
548.16 SATISFACTION AND ASSIGNMENT BY STATE.
The commissioner of finance or the attorney general may execute satisfactions and
assignments of judgments in behalf of the state.
History: (9407) RL s 4279; 1929 c 186; 1973 c 492 s 14
548.17 PAYMENT AND SATISFACTION BY COURT ADMINISTRATOR.
Subdivision 1. Judgments other than for support and maintenance.
Except as provided in
subdivision 2, when a judgment debtor or other person whose property is subject to the lien of a
money judgment files with the court administrator an affidavit of having made a diligent search
and inquiry and being unable to find any person having authority to receive payment and give
satisfaction of such judgment, the debtor or other person may pay the amount due on the judgment
to the administrator, who, upon receipt, shall note satisfaction of the judgment on the docket and
register of the action where it was entered, and the administrator shall issue a certificate reciting
the payment and satisfaction under the administrator's seal to the person paying the judgment.
The court administrator shall at once notify all persons appearing of record to have an interest in
the judgment, including the attorney of the judgment creditor, of its payment and satisfaction.
Upon demand, the court administrator shall pay the money to the person entitled, taking duplicate
receipts, one of which the administrator shall retain and one which the administrator shall file
in the case.
Subd. 2. Judgments for support and maintenance.
When an obligor whose property
is subject to the lien of a judgment for installment of periodic payments of child support,
maintenance, or both, under section
, files an affidavit with the court administrator that the
obligee cannot be found or refuses to receive payment and give satisfaction for the amount of each
sum docketed, the obligor may pay the amount due on the judgment to the administrator who,
upon receipt, shall note satisfaction of the amount due on the docket and register of the action
where it was entered, and the administrator shall issue a certificate under the administrator's seal
to the obligor which recites the payment and satisfaction. The court administrator shall at once
notify all persons appearing of record to have an interest in the judgment, including the obligee's
attorney, of the payment and satisfaction. Upon demand, the administrator shall pay the money to
the person entitled, taking duplicate receipts, one which the administrator shall retain, and one
which the administrator shall file in the case.
History: (9408) RL s 4280; 1984 c 547 s 26; 1986 c 444; 1Sp1986 c 3 art 1 s 82
548.181 DISCHARGE OF JUDGMENTS AGAINST BANKRUPTCY DEBTORS.
Subdivision 1. Application for discharge.
A judgment debtor who has received a discharge
under United States Code, title 11, or an interested party, upon paying a filing fee of $5 for each
judgment, may apply to the court administrator of any court for the discharge of all judgments
entered in that court against the judgment debtor that were ordered discharged by the bankruptcy
Subd. 2. Application requirements; service.
An application under subdivision 1 must
identify each judgment to be discharged, must be accompanied by a certified copy of the judgment
debtor's bankruptcy discharge or a certificate by the clerk of the United States Bankruptcy Court
of the discharge, must state the time the judgment creditor has to object as specified in subdivision
3 and the grounds for objection as specified in subdivision 4, must be served at the expense of the
applicant on each judgment creditor either:
(1) in the manner provided for the service of a summons in a civil action and must be
accompanied by an affidavit of service; or
(2) by certified mail to the judgment creditor's last known address as it appears in the court
record, and must be accompanied by an affidavit of mailing.
Subd. 3. Objection to discharge.
The court administrator, without further notice or hearing,
shall discharge each judgment except a judgment in favor of a judgment creditor who has filed
an objection to discharge of the judgment within 20 days after service of the application on the
judgment creditor. An objection to discharge of a judgment must be served on the judgment
debtor in the same manner as an answer in a civil action.
Subd. 3a. Certification of discharge.
Upon receipt of a filing fee of $5, the court
administrator shall certify to the judgment debtor or other interested party the judgments against a
person that have been discharged by the administrator.
Subd. 4. Court order.
If a judgment creditor objects to the discharge of a judgment, on
motion of the judgment debtor, the judgment creditor, or other interested party, the court shall
order the judgment discharged except to the extent that: (1) the debt represented by the judgment
was not discharged by the bankruptcy discharge; or (2) the judgment was an enforceable lien on
real property when the bankruptcy discharge was entered. If the judgment was an enforceable lien
on some, but not all, real property of the judgment debtor, the discharge shall only be entered as to
real property not subject to an enforceable lien.
History: 1987 c 26 s 6; 1989 c 229 s 5-7; 2001 c 34 s 1
548.19 JOINT DEBTORS; CONTRIBUTION AND SUBROGATION.
When a judgment against two or more persons shall be enforced against or paid by one of
them, or one of them shall pay more than a proper share as between that debtor and the other
judgment debtors, the debtor may continue the judgment in force for the purpose of compelling
contribution; and, if within ten days after such enforcement or payment, the debtor shall file with
the court administrator a notice of the amount paid by or collected from the debtor in excess of the
debtor's proper share, and of the debtor's claim for contribution, the administrator shall make a
note thereof on the margin of the docket. Thereupon the judgment shall remain in effect in favor
of the party filing such notice for the amount and against the party in such notice specified.
History: (9410) RL s 4281; 1986 c 444; 1Sp1986 c 3 art 1 s 82
548.20 SEVERAL JUDGMENTS AGAINST JOINT DEBTORS.
All parties to a joint obligation, including negotiable paper, copartnership debts, and all
contracts upon which they are liable jointly, shall be severally liable also for the full amount
thereof. They may be sued thereon jointly, or separate actions may be brought against each or
any of them, and judgment rendered in each, without barring an action against any of those not
included in such judgment, or releasing any of those not sued. The court, upon its own motion or
on application of any interested party, may require the plaintiff to bring in as defendants all the
parties jointly liable on the obligation in suit.
History: (9411) RL s 4282
548.21 DISCHARGE OF JOINT DEBTOR.
A creditor who has a debt, demand, or judgment against a copartnership, or several joint
obligors, promisors, or debtors, may discharge one or more of such copartners, obligors,
promisors, or debtors, without impairing the creditor's right to recover the residue of the debt
or demand against the others, or preventing the enforcement of the proportionate share of any
undischarged under such judgment. The discharge shall have the effect of a payment by the party
discharged of the party's equal share of the debt, according to the number of debtors, aside from
sureties. Such discharge shall not affect the liability of such copartners, obligors, promisors, or
debtors to each other. In an action by the creditor to recover against those not discharged, the
complaint shall set forth that the contract was made with the defendants and the party discharged,
and that such party has been discharged.
History: (9412) RL s 4283; 1986 c 444
548.22 CONFESSION OF JUDGMENT.
A judgment for money due or to become due, or to secure any person against a contingent
liability on behalf of the defendant, or for both, may be entered in the district court by confession
and without action, upon filing with the court administrator a statement, signed and verified by the
defendant, authorizing the entry of judgment for a specified sum. If the judgment be for money
due or to become due, the writing shall state concisely the facts out of which the debt arose, and
show that the sum confessed is justly due or to become due. If the judgment be for the purpose
of securing the plaintiff against a contingent liability, the writing shall state concisely the facts
constituting the liability, and show that the sum confessed does not exceed the same. The court
administrator shall enter judgment for the amount specified, as in other cases, and shall attach the
judgment to the statement, which shall constitute the judgment roll. The judgment shall be final,
and, unless special provision be made for a stay, execution may issue immediately.
History: (9413) RL s 4284; 1981 c 121 s 4; 1Sp1986 c 3 art 1 s 82
548.23 PLEA OF CONFESSION.
Judgment in the cases mentioned in section
may also be entered in the district court
in the manner therein provided, and with like effect, upon filing with the court administrator a
plea of confession signed by an attorney of such court, together with an instrument signed by the
debtor authorizing such confession; but such instrument must be distinct from that containing the
bond, contract, or other evidence of the demand for which judgment is confessed. Any person
filing a plea of confession and an instrument under this section shall pay the same fee as provided
for filing a civil action in district court; except that if the amount of the judgment confessed is not
greater than the jurisdictional limit of the conciliation court, the fee shall be in the amount of the
filing fee for an action in conciliation court.
History: (9414) RL s 4285; 1Sp1986 c 3 art 1 s 82; 1993 c 192 s 101
548.24 SUBMISSION WITHOUT ACTION.
Parties to a controversy which might be the subject of a civil action may, without action,
agree upon a case containing the facts upon which the controversy depends, and present a
submission of it to any court which would have jurisdiction if an action had been brought. It must
appear by affidavit that the controversy is real, and that the proceedings are had in good faith
to determine the rights of the parties. The court shall hear and determine the case at a general
or special term, and order judgment on it as in a civil action. Judgment shall be entered as in
other cases, and the case, submission, and the judgment shall constitute the judgment roll. The
judgment may be enforced, and shall be subject to appeal, as in other cases.
History: (9415) RL s 4286; 1981 c 121 s 5
548.25 VACATING REAL ESTATE JUDGMENT; WITHIN WHAT TIME.
No judgment or decree quieting title to land or determining the title thereto or adverse claims
therein heretofore entered or hereafter to be entered shall be adjudged invalid or set aside, unless
the action or proceeding to vacate or set aside such judgment or decree shall be commenced, or
application for leave to defend be made, within five years from the time of recording a certified
copy of such judgment or decree in the office of the county recorder of the county in which the
lands affected by such judgment or decree are situated.
History: (9284) 1909 c 451 s 1; 1976 c 181 s 2; 2005 c 4 s 130
UNIFORM ENFORCEMENT OF
FOREIGN JUDGMENTS ACT
"Foreign judgment" means any judgment, decree, or order of a court of the United States or
of any other court which is entitled to full faith and credit in this state.
History: 1977 c 51 s 1
548.27 FILING AND STATUS OF FOREIGN JUDGMENTS.
A certified copy of any foreign judgment may be filed in the office of the court administrator
of any district court of this state. The court administrator shall treat the foreign judgment in the
same manner as a judgment of any district court or the Supreme Court of this state. The time
period provided in section 548.09 for the continuation of the lien on real property, the rate of
interest accrual provided in section 549.09, the time period provided in section 550.01 for the
enforcement of the judgment, and the requirements of sections 508.63 and 508A.63 apply to
foreign judgments filed pursuant to this section. For purposes of sections 548.09, 549.09, 550.01,
508.63, and 508A.63, the date of entry of a foreign judgment is the original date of entry in the
foreign jurisdiction. Upon the filing of a certified copy of a foreign judgment in the office of the
court administrator of district court of a county, it may not be filed in another district court in the
state. A judgment so filed has the same effect and is subject to the same procedures, defenses and
proceedings for reopening, vacating, or staying as a judgment of a district court or the Supreme
Court of this state, and may be enforced or satisfied in like manner.
History: 1977 c 51 s 2; 1Sp1986 c 3 art 1 s 82; 1987 c 273 s 1; 2005 c 14 s 1; 2006 c 221 s 23
548.28 NOTICE OF FILING.
Subdivision 1. Affidavit.
At the time of the filing of the foreign judgment, the judgment
creditor or the creditor's lawyer shall make and file with the court administrator an affidavit
setting forth the name and last known post office address of the judgment debtor, and the
Subd. 2. Mailing of notice.
Promptly upon the filing of the foreign judgment and the
affidavit, the court administrator shall mail notice of the filing of the foreign judgment to the
judgment debtor at the address given and shall make a note of the mailing in the docket. The
notice shall include the name and post office address of the judgment creditor and the judgment
creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of
the filing of the judgment to the judgment debtor and may file proof of mailing with the court
administrator. Failure of the court administrator to mail notice of filing shall not affect the
enforcement proceedings if proof of mailing by the judgment creditor has been filed.
Subd. 3. Suspension of other process.
No execution or other process for enforcement of a
foreign judgment filed hereunder shall issue until 20 days after the date the judgment is filed.
History: 1977 c 51 s 3; 1986 c 444; 1Sp1986 c 3 art 1 s 82
Subdivision 1. Stay of enforcement; foreign judgment.
If the judgment debtor shows the
district court that an appeal from the foreign judgment is pending or will be taken, or that a stay of
execution has been granted, the court shall, upon proof that the judgment debtor has furnished the
security for the satisfaction of the judgment required by the state in which it was rendered, stay
enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or
the stay of execution expires or is vacated.
Subd. 2. Stay of enforcement.
If the judgment debtor at any time shows the district court
any ground upon which enforcement of a judgment of any district court or the Court of Appeals
or Supreme Court of this state would be stayed, the court shall stay enforcement of the foreign
judgment for an appropriate period, upon requiring the same security for satisfaction of the
judgment which is required in this state.
History: 1977 c 51 s 4; 1983 c 247 s 189
Any person filing a foreign judgment shall pay to the court administrator the same fee as
provided for filing a civil action in district court, except that if the amount of the judgment is
not greater than the jurisdictional limit of the conciliation court, the fee shall be in the amount
of the filing fee for an action in conciliation court. Fees for docketing, transcription, or other
enforcement proceedings shall be as provided for judgments of any district court of this state.
History: 1977 c 51 s 5; 1Sp1986 c 3 art 1 s 82; 1987 c 273 s 2; 1993 c 192 s 102
548.31 OPTIONAL PROCEDURE.
The right of a judgment creditor to bring an action to enforce a judgment instead of
proceeding under sections
History: 1977 c 51 s 6; 1986 c 444
548.32 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
shall be so applied and construed as to effectuate its general
purpose to make uniform the law with respect to the subject of sections
those states which enact it.
History: 1977 c 51 s 7
may be cited as the Uniform Enforcement of Foreign Judgments
History: 1977 c 51 s 8
UNIFORM FOREIGN COUNTRY
MONEY-JUDGMENTS RECOGNITION ACT
548.35 UNIFORM FOREIGN COUNTRY MONEY-JUDGMENTS RECOGNITION ACT.
Subdivision 1. Definitions.
As used in this section:
(1) "foreign state" means any governmental unit other than the United States or any state,
district, commonwealth, territory, or insular possession of the United States;
(2) "foreign judgment" means any judgment of a foreign state granting or denying recovery
of a sum of money, other than a judgment for (a) taxes, or (b) a fine or other penalty, or (c)
in matrimonial or family matters.
Subd. 2. Applicability.
This section applies to any foreign judgment that is final and
conclusive and enforceable where rendered even though an appeal is pending or it is subject
Subd. 3. Recognition and enforcement.
Except as provided in subdivision 4, a foreign
judgment meeting the requirements of subdivision 2 is conclusive between the parties to the
extent that it grants or denies recovery of a sum of money. The foreign judgment is enforceable in
the same manner as the judgment of another state which is entitled to full faith and credit.
Subd. 4. Grounds for nonrecognition.
(a) A foreign judgment is not conclusive if:
(1) the judgment was rendered under a system which does not provide impartial tribunals or
procedures compatible with the requirements of due process of law;
(2) the foreign court did not have personal jurisdiction over the defendant; or
(3) the foreign court did not have jurisdiction over the subject matter.
(b) A foreign judgment need not be recognized if:
(1) the defendant in the proceedings in the foreign court did not receive notice of the
proceedings in sufficient time to prepare a defense;
(2) the judgment was obtained by fraud;
(3) the claim for relief on which the judgment is based is repugnant to the public policy of
(4) the judgment conflicts with another final and conclusive judgment;
(5) the proceeding in the foreign court was contrary to an agreement between the parties under
which the dispute in question was to be settled otherwise than by proceedings in that court; or
(6) in the case of jurisdiction based only on personal service, the foreign court was a seriously
inconvenient forum for the trial of the action.
Subd. 5. Personal jurisdiction.
(a) The foreign judgment shall not be refused recognition
for lack of personal jurisdiction if:
(1) the defendant was served personally in the foreign state;
(2) the defendant voluntarily appeared in the proceedings, other than for the purpose of
protecting property seized or threatened with seizure in the proceedings or of contesting the
jurisdiction of the court over the defendant;
(3) the defendant prior to the commencement of the proceedings had agreed to submit to the
jurisdiction of the foreign court with respect to the subject matter involved;
(4) the defendant was domiciled in the foreign state when the proceedings were instituted, or,
being a body corporate had its principal place of business, was incorporated, or had otherwise
acquired corporate status, in the foreign state;
(5) the defendant had a business office in the foreign state and the proceedings in the foreign
court involved a claim for relief arising out of business done by the defendant through that office
in the foreign state; or
(6) the defendant operated a motor vehicle or airplane in the foreign state and the proceedings
involved a claim for relief arising out of the operation.
(b) The courts of this state may recognize additional bases of jurisdiction.
Subd. 6. Stay in case of appeal.
If the defendant satisfies the court either that an appeal is
pending or that the defendant is entitled and intends to appeal from the foreign judgment, the
court may stay the proceedings, with or without bond at the court's discretion, until the appeal has
been determined or until the expiration of a period of time sufficient to enable the defendant to
prosecute the appeal.
Subd. 7. Saving clause.
This section does not prevent the recognition of a foreign judgment
in situations not covered by this act.
Subd. 8. Short title.
This section may be cited as the Uniform Foreign Country
Money-Judgments Recognition Act.
History: 1985 c 218 s 1
COLLATERAL SOURCE PAYMENTS
548.36 COLLATERAL SOURCE CALCULATIONS.
Subdivision 1. Definition.
For purposes of this section, "collateral sources" means payments
related to the injury or disability in question made to the plaintiff, or on the plaintiff's behalf up
to the date of the verdict, by or pursuant to:
(1) a federal, state, or local income disability or Workers' Compensation Act; or other public
program providing medical expenses, disability payments, or similar benefits;
(2) health, accident and sickness, or automobile accident insurance or liability insurance that
provides health benefits or income disability coverage; except life insurance benefits available to
the plaintiff, whether purchased by the plaintiff or provided by others, payments made pursuant to
the United States Social Security Act, or pension payments;
(3) a contract or agreement of a group, organization, partnership, or corporation to provide,
pay for, or reimburse the costs of hospital, medical, dental or other health care services; or
(4) a contractual or voluntary wage continuation plan provided by employers or any other
system intended to provide wages during a period of disability, except benefits received from a
private disability insurance policy where the premiums were wholly paid for by the plaintiff.
Subd. 2. Motion.
In a civil action, whether based on contract or tort, when liability is
admitted or is determined by the trier of fact, and when damages include an award to compensate
the plaintiff for losses available to the date of the verdict by collateral sources, a party may file a
motion within ten days of the date of entry of the verdict requesting determination of collateral
sources. If the motion is filed, the parties shall submit written evidence of, and the court shall
(1) amounts of collateral sources that have been paid for the benefit of the plaintiff or are
otherwise available to the plaintiff as a result of losses except those for which a subrogation
right has been asserted; and
(2) amounts that have been paid, contributed, or forfeited by, or on behalf of, the plaintiff
or members of the plaintiff's immediate family for the two-year period immediately before the
accrual of the action to secure the right to a collateral source benefit that the plaintiff is receiving
as a result of losses.
Subd. 3. Duties of the court.
(a) The court shall reduce the award by the amounts determined
under subdivision 2, clause (1), and offset any reduction in the award by the amounts determined
under subdivision 2, clause (2).
(b) If the court cannot determine the amounts specified in paragraph (a) from the written
evidence submitted, the court may within ten days request additional written evidence or schedule
a conference with the parties to obtain further evidence.
(c) In any case where the claimant is found to be at fault under section
, the reduction
required under paragraph (a) must be made before the claimant's damages are reduced under
604.01, subdivision 1
Subd. 4. Calculation of attorney fees.
If the fees for legal services provided to the plaintiff
are based on a percentage of the amount of money awarded to the plaintiff, the percentage must
be based on the amount of the award as adjusted under subdivision 3. Any subrogated provider of
a collateral source not separately represented by counsel shall pay the same percentage of attorney
fees as paid by the plaintiff and shall pay its proportionate share of the costs.
Subd. 5. Jury not informed of collateral sources.
The jury shall not be informed of the
existence of collateral sources or any future benefits which may or may not be payable to the
History: 1986 c 455 s 80; 1990 c 555 s 14
UNIFORM FOREIGN-MONEY CLAIMS ACT
For purposes of sections
(1) "Action" means a judicial proceeding or arbitration in which a payment in money may be
awarded or enforced with respect to a foreign-money claim.
(2) "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell
foreign money at a spot rate.
(3) "Conversion date" means the banking day next preceding the date on which money, in
accordance with sections
(i) paid to a claimant in an action or distribution proceeding;
(ii) paid to the official designated by law to enforce a judgment or award on behalf of a
(iii) used to recoup, set-off, or counterclaim in different moneys in an action or distribution
(4) "Distribution proceeding" means a judicial or nonjudicial proceeding for the distribution
of a fund in which one or more foreign-money claims is asserted and includes an accounting,
an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a
corporation or other entity, and the distribution of an estate, trust, or other fund.
(5) "Foreign money" means money other than money of the United States of America.
(6) "Foreign-money claim" means a claim upon an obligation to pay, or a claim for recovery
of a loss, expressed in or measured by a foreign money.
(7) "Money" means a medium of exchange for the payment of obligations or a store of value
authorized or adopted by a government or by intergovernmental agreement.
(8) "Money of the claim" means the money determined as proper pursuant to section
(9) "Person" means an individual, a corporation, government or governmental subdivision or
agency, business trust, estate, trust, joint venture, partnership, association, two or more persons
having a joint or common interest, or any other legal or commercial entity.
(10) "Rate of exchange" means the rate at which money of one country may be converted
into money of another country in a free financial market convenient to or reasonably usable by a
person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to
different kinds of transactions, the term means the rate applicable to the particular transaction
giving rise to the foreign-money claim.
(11) "Spot rate" means the rate of exchange at which foreign money is sold by a bank or
other dealer in foreign exchange for immediate or next day availability or for settlement by
immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed
settlement not exceeding two days.
(12) "State" means a state of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
History: 1991 c 156 s 1
apply only to a foreign-money claim in an action or distribution
apply to foreign-money issues even if other law under the
conflict of laws rules of this state applies to other issues in the action or distribution proceeding.
History: 1991 c 156 s 2
548.42 VARIATION BY AGREEMENT.
(a) The effect of sections
may be varied by agreement of the parties made
before or after commencement of an action or distribution proceeding or the entry of judgment.
(b) Parties to a transaction may agree upon the money to be used in a transaction giving rise
to a foreign-money claim and may agree to use different moneys for different aspects of the
transaction. Stating the price in a foreign money for one aspect of a transaction does not alone
require the use of that money for other aspects of the transaction.
History: 1991 c 156 s 3
548.43 DETERMINING MONEY OF THE CLAIM.
(a) The money in which the parties to a transaction have agreed that payment is to be made is
the proper money of the claim for payment.
(b) If the parties to a transaction have not otherwise agreed, the proper money of the claim,
as in each case may be appropriate, is the money:
(1) regularly used between the parties as a matter of usage or course of dealing;
(2) used at the time of a transaction in international trade, by trade usage or common practice,
for valuing or settling transactions in the particular commodity or service involved; or
(3) in which the loss was ultimately felt or will be incurred by the party claimant.
History: 1991 c 156 s 4
548.44 DETERMINING AMOUNT OF THE MONEY OF CERTAIN CONTRACT
(a) If an amount contracted to be paid in a foreign money is measured by a specified amount
of a different money, the amount to be paid is determined on the conversion date.
(b) If an amount contracted to be paid in a foreign money is to be measured by a different
money at the rate of exchange prevailing on a date before default, that rate of exchange applies
only to payments made within a reasonable time after default, not exceeding 30 days. Thereafter,
conversion is made at the bank-offered spot rate on the conversion date.
(c) A monetary claim is neither usurious nor unconscionable because the agreement on
which it is based provides that the amount of the debtor's obligation to be paid in the debtor's
money, when received by the creditor, must equal a specified amount of the foreign money of the
country of the creditor. If, because of unexcused delay in payment of a judgment or award, the
amount received by the creditor does not equal the amount of the foreign money specified in the
agreement, the court or arbitrator shall amend the judgment or award accordingly.
History: 1991 c 156 s 5
548.45 ASSERTING AND DEFENDING FOREIGN-MONEY CLAIM.
(a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not
asserted, the claimant makes the claim in United States dollars.
(b) An opposing party may allege and prove that a claim, in whole or in part, is in a different
money than that asserted by the claimant.
(c) A person may assert a defense, set-off, recoupment, or counterclaim in any money
without regard to the money of other claims.
(d) The determination of the proper money of the claim is a question of law.
History: 1991 c 156 s 6
548.46 JUDGMENTS AND AWARDS ON FOREIGN-MONEY CLAIMS; TIMES OF
MONEY CONVERSION; FORM OF JUDGMENT.
(a) Except as provided in paragraph (c), a judgment or award on a foreign-money claim must
be stated in an amount of the money of the claim.
(b) A judgment or award on a foreign-money claim is payable in the amount of United States
dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.
(c) Assessed costs must be entered in United States dollars.
(d) A judgment or award made in an action or distribution proceeding on both (i) a defense,
set-off, recoupment, or counterclaim and (ii) the adverse party's claim, must be netted by
converting the money of the smaller into the money of the larger, and by subtracting the smaller
from the larger, and specify the rates of exchange used.
(e) A judgment substantially in the following form complies with paragraph (a):
IT IS ADJUDGED AND ORDERED, that defendant (insert name) pay to plaintiff (insert
name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of
(insert rate--see section
) percent a year or the number of United States dollars which will
purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or
near the close of business on the banking day next before the day of payment, together with
assessed costs of (insert amount) United States dollars.
(f) If a contract claim is of the type covered by section
548.44, paragraph (a
) or (b), the
judgment or award must be entered for the amount of money stated to measure the obligation
to be paid in the money specified for payment or, at the option of the debtor, the number of
United States dollars which will purchase the computed amount of the money of payment on the
conversion date at a bank-offered spot rate.
(g) On a foreign-money claim, the judgment must be docketed in United States dollars, and
has the same effect as a lien, as other judgments. It may be discharged by payment.
History: 1991 c 156 s 7; 2005 c 14 s 2
548.47 CONVERSIONS OF FOREIGN MONEY IN DISTRIBUTION PROCEEDING.
The rate of exchange prevailing at or near the close of business on the day the distribution
proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A
foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign
money and show the amount of United States dollars resulting from a conversion as of the date
the proceeding was initiated.
History: 1991 c 156 s 8
548.48 PREJUDGMENT AND JUDGMENT INTEREST.
(a) With respect to a foreign-money claim, recovery of prejudgment or preaward interest
and the rate of interest to be applied in the action or distribution proceeding, except as provided
in subsection (b), are matters of the substantive law governing the right to recovery under the
conflict-of-laws rules of this state.
(b) The court or arbitrator shall increase or decrease the amount of prejudgment or preaward
interest otherwise payable in a judgment or award in foreign money to the extent required by the
law of this state governing a failure to make or accept an offer of settlement or offer of judgment,
or conduct by a party or its attorney causing undue delay or expense.
(c) A judgment or award on a foreign-money claim bears interest at the rate applicable
to judgments of this state.
History: 1991 c 156 s 9
548.49 ENFORCEMENT OF FOREIGN JUDGMENTS.
(a) If an action is brought to enforce a judgment of another jurisdiction expressed in a
foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment
must be entered as provided in section
, whether or not the foreign judgment confers an
option to pay in an equivalent amount of United States dollars.
(b) A foreign judgment may be docketed in accordance with any rule or statute of this state
providing a procedure for its recognition and enforcement.
(c) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must
be credited against the amount of foreign money specified in the judgment, notwithstanding
the entry of judgment in this state.
(d) A judgment entered on a foreign-money claim only in United States dollars in another
state must be enforced in this state in United States dollars only.
History: 1991 c 156 s 10
548.50 DETERMINING UNITED STATES DOLLAR VALUE OF FOREIGN-MONEY
CLAIMS FOR LIMITED PURPOSES.
(a) Computations under this section are for the limited purposes of the section and do not
affect computation of the United States dollar equivalent of the money of the judgment for the
purpose of payment.
(b) For the limited purpose of facilitating the enforcement of provisional remedies in an
action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of
attachment, garnishment, execution, or other legal process, the amount of United States dollars at
issue for assessing costs, or the amount of United States dollars involved for a surety bond or
other court-required undertaking, must be ascertained as provided in paragraphs (c) and (d).
(c) A party seeking process, costs, bond, or other undertaking under paragraph (b) shall
compute in United States dollars the amount of the foreign money claimed from a bank-offered
spot rate prevailing at or near the close of business on the banking day next preceding the filing
of a request or application for the issuance of process or for the determination of costs, or an
application for a bond or other court-required undertaking.
(d) A party seeking the process, costs, bond, or other undertaking under paragraph (b)
shall file with each request or application an affidavit or certificate executed in good faith by its
counsel or a bank officer, stating the market quotation used and how it was obtained, and setting
forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or
certificate, for acting as if the judgment were in the amount of United States dollars stated in
the affidavit or certificate.
History: 1991 c 156 s 11
548.51 EFFECT OF CURRENCY REVALORIZATION.
(a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country
issuing or adopting that money substitutes a new money in place of that money, the obligation or
the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing
country establishes for the payment of like obligations or losses denominated in the former money.
(b) If substitution under paragraph (a) occurs after a judgment or award is entered on
a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like
conversion of the former money.
History: 1991 c 156 s 12
548.52 SUPPLEMENTARY GENERAL PRINCIPLES OF LAW.
Unless displaced by particular provisions of sections
, the principles of law
and equity, including the law merchant, and the law relative to capacity to contract, principal
and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other
validating or invalidating causes supplement the provisions of sections
History: 1991 c 156 s 13