6.36.035 - Affidavit of last address of judgment debtor, creditor -- Filing -- Notice of filing of judgment -- Contents -- Effect.

Affidavit of last address of judgment debtor, creditor — Filing — Notice of filing of judgment — Contents — Effect.

(1) At the time of the filing of the foreign judgment, the judgment creditor or the judgment 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, the judgment creditor, and the filing and expiration date of the judgment in the originating jurisdiction.

     (2) Promptly upon the filing of the foreign judgment and the affidavit, the judgment creditor shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given. 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 shall file proof of mailing with the clerk.

     (3)(a) No execution or other process for enforcement of a foreign judgment filed in the office of the clerk of a superior court shall be allowed until ten days after the proof of mailing has been filed with the clerk by the judgment creditor.

     (b) No execution or other process for enforcement of a foreign judgment filed in the office of the clerk of a district court shall be allowed until fourteen days after the proof of mailing has been filed with the clerk by the judgment creditor.

     (c) Nothing in this section may be interpreted to extend the expiration date of a foreign judgment beyond the expiration date under the laws of the jurisdiction where the judgment originated.

[2003 c 43 § 2; 1997 c 358 § 1; 1994 c 185 § 7; 1979 c 97 § 1; 1977 ex.s. c 45 § 2.]