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GERBER v. GERBER

No. A04-1538.

714 N.W.2d 702 (2006)

In re the Marriage of Darlene GERBER, Respondent, v. John Truman GERBER, Respondent, and County of Anoka, intervenor, Appellant.

Supreme Court of Minnesota.

June 1, 2006.

Attorney(s) appearing for the Case

Robert M.A. Johnson, Anoka County Attorney, Bethany A. Fountain Lindberg, Assistant County Attorney, Anoka, MN, for appellant.

Robert A. Howard, Hicken, Scott & Howard, P.A., Anoka, MN, for respondent John Gerber.

Mike Hatch, Attorney General, Erika Schneller Sullivan, Patricia Sonnenberg, Assistant Attorneys General, St. Paul, MN, for amicus Minnesota Department of Human Services.

Heard, considered, and decided by the court en banc.

OPINION

MEYER, Justice.

This case presents the narrow issue of whether the 10-year statute of limitations for an "action" brought on a judgment, Minn.Stat. § 541.04 (2004), applies to a county's administrative attempt to satisfy a child support obligor's arrearages through income withholding collection efforts. In 2004 respondent John Gerber (Gerber) filed a motion to prevent appellant Anoka County from continuing to withhold from his income to collect...

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