Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

1. Except as otherwise provided in subsections 2 and 3 , a court of this state shall recognize a foreign-country judgment to which this chapter applies. 2. A court of this state shall not recognize a foreign-country judgment if any of the following applies: a. The judgment was re…

1. A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if any of the following apply: a. The defendant was served with process personally in the foreign country. b. The defendant voluntarily appeared in the proceeding, other than for the …

1. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. 2. If recognition of a foreign-country judgment is sought in a pending action, the is…

If the court in a proceeding under section 626B.106 finds that the foreign-country judgment is entitled to recognition under this chapter then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is all of the …

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time t…

An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or fifteen years from the date that the foreign-country judgment became effective in the foreign countr…

In applying and construing this chapter , consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the “Uniform Foreign-Country Money Judgments Recognition Act” . 2010 Acts, ch 1053, §10, 12

This chapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this chapter . 2010 Acts, ch 1053, §11, 12

As used in this chapter , unless the context otherwise requires, “bankruptcy transcript” means a document or documents certified by the clerk or deputy clerk of any United States bankruptcy court as being true and correct copies of documents on file with the United States bankrup…

A bankruptcy transcript authenticated in accordance with an Act of Congress or the statutes of the state may be filed in the office of the clerk of the district court of a county in which real estate affected by the bankruptcy is located. 98 Acts, ch 1150, §2

1. At the time of the filing of the bankruptcy transcript, the person filing the transcript shall make and file with the clerk of the district court an affidavit setting forth the name and last known post office address of the owner of the affected real estate and of the person f…

1. If the real estate owner files an application for stay within twenty days of the date of mailing the notice of filing the bankruptcy transcript by the clerk with the district court in which the bankruptcy transcript is filed that an appeal from any portion of the bankruptcy tr…

A bankruptcy transcript may be amended as necessary to clear title to all real estate located in the county of filing which is affected by any bankruptcy without payment of any additional fee. 98 Acts, ch 1150, §5

For filing a bankruptcy transcript, the clerk shall collect a fee in the amount collected for filing and docketing a petition under section 602.8105, subsection 1 , paragraph “a” . 98 Acts, ch 1150, §6

The right of a party in interest or the owner of real estate to record all documents necessary to clear title to real estate involved in a bankruptcy case, instead of proceeding under this chapter , remains unimpaired. 98 Acts, ch 1150, §7

This chapter shall be cited as the “Recognition and Enforcement of Tribal Court Civil Judgments Act” . 2007 Acts, ch 192, §4

As used in this chapter : 1. “Tribal court” means any court of any Indian or Alaska native tribe, band, nation, pueblo, village, or community that the United States secretary of the interior recognizes as an Indian tribe. 2. “Tribal judgment” means a written, civil judgment, orde…

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 enfo…

Any objection to the enforcement of a tribal judgment shall be filed within thirty days of receipt of the mailing of the notice of filing the tribal judgment. If an objection is filed within such time period, the court shall set a time period for a formal response to the objectio…

1. Unless objected to pursuant to section 626D.4 , a tribal judgment shall be recognized and enforced by the courts of this state to the same extent and with the same effect as any judgment, order, or decree of a court of this state. 2. If no objections are timely filed, the cler…

1. If the objecting party demonstrates to the court that an appeal from the tribal judgment is pending or will be taken or that a stay of execution has been granted, the court may stay enforcement of the tribal judgment until the appeal is concluded, the time for appeal expires, …

The district court, after notice to the parties, may attempt to resolve any issues raised regarding a tribal judgment pursuant to section 626D.3 or 626D.5 , by contacting the tribal court judge who issued the judgment. 2007 Acts, ch 192, §10

This chapter shall govern the procedures for the recognition and enforcement by the courts of this state of a civil judgment, order, or decree issued by a tribal court of any federally recognized Indian tribe emanating from a cause of action that accrued on or after July 1, 2007.…

A debtor to whom the law of this state applies on the date of filing of a petition in bankruptcy is not entitled to elect to exempt from property of the bankruptcy estate the property that is specified in 11 U.S.C. §522(d) (1979). This section is enacted for the purpose set forth…

If the party in whose favor the order, judgment, or decree for the support of a spouse was rendered has not remarried, the personal earnings of the debtor are not exempt from an order, judgment, or decree for temporary or permanent support, as defined in section 252D.16 , of a sp…

The personal earnings of the debtor are not exempt from an order, judgment, or decree for the support, as defined in section 252D.16 , of a child, nor from an installment of an order, judgment, or decree for the support of a child. [C24, 27, 31, 35, 39, § 11765; C46, 50, 54, 58, …

Notwithstanding the provisions of sections 554.9406 and 554.9408 , any compensation due or that may become due an employee or dependent under chapter 85 , 85A , or 85B is exempt from garnishment, attachment, execution, and assignment of income, except for the purposes of enforcin…

Whoever, whether as principal, agent, or attorney, with intent to deprive a resident in good faith of the state of the benefit of the exemption laws thereof, sends a claim against such resident and belonging to a resident, to another state for action, or causes action to be broug…

Public buildings owned by the state, or any county, city, school district, or other municipal corporation, or any other public property which is necessary and proper for carrying out the general purpose for which such corporation is organized, are exempt from execution. [C51, §18…

Any financial assistance due or that may become due, under the provisions of sections 600.17 through 600.22 , shall be exempt from garnishment, attachment, and execution. [C73, 75, 77, 79, 81, §627.19 ]

Any person coming into this state with the intention of remaining shall be considered a resident. [C51, §1902; R60, §3308; C73, §3076; C97, §4014; C24, 27, 31, 35, 39, § 11756; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §627.2 ]

Any person entitled to any of the exemptions mentioned in this chapter does not waive the person’s rights thereto by failing to designate or select such exempt property, or by failing to object to a levy thereon, unless the person fails or neglects to do so when required in writi…

When a debtor absconds and leaves the debtor’s family, such property as is exempt to the debtor under this chapter shall be exempt in the hands of the debtor’s spouse and children, or either of them. [R60, §3309; C73, §3078; C97, §4016; C24, 27, 31, 35, 39, § 11758; C46, 50, 54, …

None of the exemptions prescribed in this chapter shall be allowed against an execution issued for the purchase money of property claimed to be exempt, and on which such execution is levied. [C73, §3077; C97, §4015; C24, 27, 31, 35, 39, § 11759; C46, 50, 54, 58, 62, 66, 71, 73, 7…

A debtor who is a resident of this state may hold exempt from execution the following property: 1. The debtor’s interest in: a. Any wedding or engagement ring owned or received by the debtor or the debtor’s dependents. However, any interest acquired in one or more wedding or enga…

1. Notwithstanding the provisions of section 627.6 , a debtor shall not be permitted to claim exemptions with regard to payment or a portion of payment under a pension, annuity, individual retirement account, profit-sharing plan, universal life insurance policy, or similar plan o…

No motor vehicle shall be held exempt from any order, judgment, or decree for damages occasioned by the use of said motor vehicle upon a public highway of this state. [C31, 35, §11760-c1; C39, § 11760.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §627.7 ]

All money received by any person, a resident of the state, as a pension from the United States government, whether the same shall be in the actual possession of such pensioner, or deposited, loaned, or invested by the pensioner, shall be exempt from execution, whether such pensio…

The homestead of every such pensioner, whether the head of a family or not, purchased and paid for with any such pension money, or the proceeds or accumulations thereof, shall also be exempt; and such exemption shall apply to debts of such pensioner contracted prior to the purcha…

All redemptions made under the provisions of this chapter shall be made in the county where the sale is had. [S13, §4051; C24, 27, 31, 35, 39, § 11772; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §628.1 ]

The junior creditor may in all such cases prevent a redemption by the holder of the paramount lien by paying off the lien, or by leaving with the clerk beforehand the amount necessary therefor, and a junior judgment creditor may redeem from a senior judgment creditor. [C51, §1932…

The terms of redemption, when made by a creditor, in all cases shall be the reimbursement of the amount bid or paid by the holder of the certificate, including all costs, with interest the same as the lien redeemed from bears on the amount of such bid or payment, from the time th…

Where a mortgagee whose claim is not yet due is the person from whom the redemption is thus to be made, the mortgagee shall receive on such mortgage only the amount of the principal thereby secured, with unpaid interest thereon to the time of such redemption. [C51, §1930; R60, §3…

1. The terms of redemption, when made by the titleholder, shall be the payment into the clerk’s office of the amount of the certificate, and all sums paid by the holder thereof in effecting redemptions, added to the amount of the holder’s own lien, or the amount the holder has cr…

When a senior redeems from a junior creditor, the latter may, in return, redeem from the former, and so on, as often as the land is taken from the creditor by virtue of a paramount lien. [C51, §1933; R60, §3341; C73, §3111; C97, §4052; C24, 27, 31, 35, 39, § 11785; C46, 50, 54, 5…