Ford Motor Credit Co. v. Halvorson

Ford Motor Credit Company appealed a district court order dismissing its action to renew a prior judgment. Ford sued Jeremy Halvorson in Minnesota on a contract matter. A judgment was entered in Minnesota against Halvorson. Halvorson moved from Minnesota to North Dakota, and the Minnesota judgment was registered in North Dakota in 2011. Halvorson did not pay the judgment. In 2013, Ford commenced this action to renew the judgment by personal service of the summons and complaint upon Halvorson. Halvorson did not respond to the summons and complaint, and Ford moved for entry of a default judgment against Halvorson. The district court, on its own motion, denied the motion for default judgment and instead dismissed Ford's complaint with prejudice, concluding that Ford's action was an improper duplicate action on the original debt and that the proper method to renew a judgment was by affidavit under the procedure provided in N.D.C.C. 28-20-21. Ford moved for reconsideration of the order dismissing its action, and the court entered an order affirming dismissal of the action. The Supreme Court reversed the district court's order dismissing Ford's action on the judgment. Because there was no reason apparent on the record to deny the default judgment, the Court remanded the case to the district court with directions to enter a default judgment in favor of Ford in its action to renew the prior judgment. View "Ford Motor Credit Co. v. Halvorson" on Justia Law