Iowa Code 626D.3 – Filing procedures
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Terms Used In Iowa Code 626D.3
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Rule: includes "regulation". See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
626D.3 Filing procedures.
1. A copy of any tribal judgment may be filed in the office of the clerk of court in any county in this state.
2. The person filing the tribal judgment shall make and file with the clerk of court an affidavit setting forth the name and last known address of the party seeking enforcement and the responding party. Upon the filing of the tribal judgment and accompanying affidavit, the enforcing party shall serve upon the responding party a notice of filing of the tribal judgment together with a copy of the tribal judgment in accordance with Iowa rule of civil procedure
1.442. The enforcing party shall file proof of service or mailing with the clerk of court. The
notice of filing shall include the name and address of the enforcing party and the enforcing party’s attorney, if any, and shall include the text contained in sections 626D.4 and 626D.5.
3. The filing of a tribal judgment shall not create a lien upon any real estate until such time as all challenges, if any, to the recognition and enforcement of the tribal judgment are concluded pursuant to sections 626D.4 and 626D.5. Upon a final and conclusive determination of enforceability of the tribal judgment, the judgment shall constitute a lien upon real estate pursuant to § 624.24.
4. The clerk of the district court shall collect a fee as provided in § 602.8105, subsection 1, for filing a tribal judgment.
2007 Acts, ch 192, §6; 2010 Acts, ch 1061, §76; 2010 Acts, ch 1159, §12
Referred to in §626D.7
1. A copy of any tribal judgment may be filed in the office of the clerk of court in any county in this state.
2. The person filing the tribal judgment shall make and file with the clerk of court an affidavit setting forth the name and last known address of the party seeking enforcement and the responding party. Upon the filing of the tribal judgment and accompanying affidavit, the enforcing party shall serve upon the responding party a notice of filing of the tribal judgment together with a copy of the tribal judgment in accordance with Iowa rule of civil procedure
1.442. The enforcing party shall file proof of service or mailing with the clerk of court. The
notice of filing shall include the name and address of the enforcing party and the enforcing party’s attorney, if any, and shall include the text contained in sections 626D.4 and 626D.5.
3. The filing of a tribal judgment shall not create a lien upon any real estate until such time as all challenges, if any, to the recognition and enforcement of the tribal judgment are concluded pursuant to sections 626D.4 and 626D.5. Upon a final and conclusive determination of enforceability of the tribal judgment, the judgment shall constitute a lien upon real estate pursuant to § 624.24.
4. The clerk of the district court shall collect a fee as provided in § 602.8105, subsection 1, for filing a tribal judgment.
2007 Acts, ch 192, §6; 2010 Acts, ch 1061, §76; 2010 Acts, ch 1159, §12
Referred to in §626D.7