Iowa Foreign Judgment Enrollment
Iowa Code 2001
TITLE XV JUDICIAL BRANCH AND JUDICIAL PROCEDURES
CHAPTER 626A ENFORCEMENT OF FOREIGN JUDGMENTS
Definition.
As used in this chapter unless the context otherwise requires,
"foreign judgment" means a 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. Title XV, Chap. 626A, §626A.1
Filing and status of foreign judgments.
1. A copy of a foreign judgment authenticated in accordance
with an Act of Congress or the statutes of this state may be filed in the
office of the clerk of the district court of a county of this state which
would have venue if the original action was being commenced in this state.
The clerk shall treat the foreign judgment in the same manner as a judgment
of the district court of this 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 the district court
of this state and may be enforced or satisfied in like manner.
2. A proceeding to enforce a child support order is governed
by 28 U.S.C. § 1738B. Title XV, Chap. 626A, §626A.2
Notice of filing.
1. At the time of the filing of the foreign judgment, the
judgment creditor or the creditor's lawyer shall make and file with the
clerk of court an affidavit setting forth the name and last known post
office address of the judgment debtor, and the judgment creditor.
2. Promptly upon the filing of the foreign judgment and the
affidavit as provided in subsection 1, the clerk 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.
3. No execution or other process for enforcement of a foreign
judgment filed under this chapter shall issue until the expiration of twenty
days after the date the judgment is filed. Title XV, Chap. 626A,
§626A.3
Stay.
1. If the judgment debtor shows the district court in which
the judgment is filed 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 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,
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.
2. If the judgment debtor shows the district court in which
the judgment is filed that grounds exist upon which enforcement of a judgment
of the district 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. Title XV, Chap. 626A, §626A.4
Fee.
For filing a foreign judgment, the clerk shall collect a fee in
the amount collected for filing and docketing a petition under section
602.8105, subsection 1, paragraph "a". Title XV, Chap. 626A, §626A.5
Optional procedure.
The right of a judgment creditor to bring an action to enforce
the creditor's judgment instead of proceeding under this chapter remains
unimpaired. Title XV, Chap. 626A, §626A.6
Uniformity of interpretation.
This chapter shall be so interpreted and construed as to effectuate
its general purpose to make uniform the law of those states which enact
it. Title XV, Chap. 626A, §626A.7
Short title.
This chapter may be cited as the "Uniform Enforcement of Foreign
Judgments Act". Title XV, Chap. 626A, §626A.8
