28-20-21. Renewal of judgments by affidavit. (Repealed effective August 1, 2031)
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/nd/title-28/chapter-28-20-judgments/28-20-21·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. For judgments initially docketed before August 1, 2021, any judgment that in whole or
in part directs the payment of money and which may be docketed in the office of the
clerk of any district court in this state may be renewed by the affidavit of the judgment
creditor or of the judgment creditor's personal representative, agent, attorney, or
assignee at any time within ninety days preceding the expiration of ten years from the
first docketing of such judgment.
2. The affidavit must be verified positively by the person making it and not on information
and belief. The affidavit must be entitled as in the original judgment and must set forth:
a. The names of the parties plaintiff and defendant;
b. The name of the court in which docketed;
c. The date and amount of the original judgment;
d. The file number of the case in the county in which the judgment was originally
entered;
e. The name of the owner of said judgment, and, if not the party in whose name the
judgment was entered, the source of that person's title thereto and a statement of
each assignment of said judgment necessary to trace the title thereof from the
original judgment creditor;
f. If the judgment was entered upon a certified transcript from any other court, a
statement of this fact;
g. A statement of each county in which a transcript of said judgment has been filed;
h. A statement that no execution is outstanding and unreturned upon said judgment,
or, if any execution is outstanding, that fact must be stated;
i. The date and amount of each payment upon said judgment, whether collected
under execution or otherwise, and that all payments have been duly credited
upon said judgment, and whether any amount has been realized that has not
been credited upon the judgment and upon the records in the court in which the
judgment was originally rendered, or in any other court to which it has been
transcripted;
j. That there are no offsets or counterclaims against the person for whose benefit
the renewal is sought and in favor of the judgment debtor or debtors, or, if a
counterclaim or offset does exist in favor of the judgment debtor, a statement of
the amount, if ascertained or certain, and an offer to allow the same as a credit
pro tanto upon the amount due from the judgment debtor, or, if the counterclaim
or offset is unsettled or undetermined, an offer that when the same is settled or
determined, by suit or otherwise, the same may be allowed as a payment or
credit upon said judgment to the full amount which subsequently may be
adjudged due the judgment debtor thereon;
k. The exact amount due upon said judgment, after allowing all offsets and
counterclaims known to the affiant; and
l. Any other facts or circumstances necessary to a complete disclosure as to the
exact condition of said judgment.