Iowa Code 626.105 – Affidavit required
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 626.105
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
626.105 Affidavit required.
Before making the endorsements as above provided, an affidavit shall be filed with the clerk by one of the owners of such judgment, or one of such personal representatives or heirs, or their attorney, of the death of such owners as are dead, and that the persons named as such are the personal representatives or heirs, and in the case of personal representatives they shall file with the clerk a certificate of their qualification, unless their appointment is by the court from which the execution issues, in which case the record of such appointment shall be sufficient evidence of the fact.
[R60, §3484; C73, §3132; C97, §4069; C24, 27, 31, 35, 39, §11751; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, §626.105]
Before making the endorsements as above provided, an affidavit shall be filed with the clerk by one of the owners of such judgment, or one of such personal representatives or heirs, or their attorney, of the death of such owners as are dead, and that the persons named as such are the personal representatives or heirs, and in the case of personal representatives they shall file with the clerk a certificate of their qualification, unless their appointment is by the court from which the execution issues, in which case the record of such appointment shall be sufficient evidence of the fact.
[R60, §3484; C73, §3132; C97, §4069; C24, 27, 31, 35, 39, §11751; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, §626.105]