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

1. An officer is bound to levy an execution on any personal property in the possession of, or that the officer has reason to believe belongs to, the defendant, or on which the plaintiff directs the officer to levy, after having received written instructions for the levy from the …

Failure to give notice of ownership or exemption shall not deprive the party of any other remedy. [C97, §3991; C24, 27, 31, 35, 39, § 11699; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.51 ] 2016 Acts, ch 1073, §166

If after levy the officer receives notice of ownership or exemption, such officer may release the property unless a bond is given as provided in section 626.54 . [C51, §1916; R60, §3277; C73, §3055; C97, §3991; C24, 27, 31, 35, 39, § 11700; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77…

The officer shall be protected from all liability by reason of such levy until the officer receives written notice of ownership or exemption. [C51, §1916; R60, §3277; C73, §3055; C97, §3991; C24, 27, 31, 35, 39, § 11701; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.53 ] …

When the officer receives notice of ownership or exemption, the officer may forthwith give the plaintiff, the plaintiff’s agent, or attorney, notice that an indemnifying bond is required. Bond may be given by or for the plaintiff, with one or more sufficient sureties, to be appro…

If such bond is not given, the officer may refuse to levy, or if the officer has done so, and the bond is not given in a reasonable time after it is required by the officer, the officer may restore the property to the person from whose possession it was taken, and the levy shall …

Where property for the sale of which the officer is indemnified sells for more than enough to satisfy the execution under which it was taken, the surplus shall be paid into the court to which the indemnifying bond is directed to be returned. The court may order such disposition o…

On all judgments for the recovery of money, except those rendered on any appeal or writ of error, or in favor of a laborer or mechanic for wages, or against one who is surety in the stay of execution, or against any officer, person, or corporation, or the sureties of any of them,…

Officers approving stay bonds shall require the affidavit of the signers thereof, unless waived in writing by the party in whose favor the judgment is rendered, that they own property not exempt from execution, and aside from encumbrance, to the value of twice the amount of the j…

An execution may be issued and executed on Sunday, when an affidavit is filed by the plaintiff, or some person in the plaintiff’s behalf, stating that the plaintiff or person believes the plaintiff or person will lose the plaintiff’s judgment unless process issues on that day. [R…

No appeal shall be allowed after a stay of execution has been obtained. [R60, §3294; C73, §3063; C97, §3998; C24, 27, 31, 35, 39, § 11708; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.60 ]

The sureties for stay of execution may be taken and approved by the clerk, and the bond shall be recorded in a book kept for that purpose, and have the force and effect of a judgment confessed from the date thereof against their property, and shall be indexed in the proper judgme…

When the bond is accepted and approved after execution has been issued, the clerk shall immediately notify the sheriff of the stay, and the officer shall forthwith return the execution with the officer’s doings thereon. [R60, §3296; C73, §3065; C97, §4000; C24, 27, 31, 35, 39, § …

All property levied on before stay of execution, and all written undertakings for the delivery of personal property to the sheriff, shall be relinquished by the officer, upon stay of execution being entered. [R60, §3297; C73, §3066; C97, §4001; C24, 27, 31, 35, 39, § 11711; C46, …

At the expiration of the stay, the clerk shall issue a joint execution against the property of all the judgment debtors and sureties, describing them as debtors or sureties therein, and the liability of such sureties shall be subject to that of their principal as provided in this…

When any court shall render judgment against two or more persons, any of whom is surety for any other in the contract on which judgment is founded, there shall be no stay of execution allowed, if the surety objects thereto at or before the time of rendering the judgment, whereupo…

Any surety for the stay of execution may file with the clerk an affidavit, stating that the surety verily believes the surety will be compelled to pay the judgment, interest, and costs thereon unless execution issues immediately, and gives notice thereof in writing to the party f…

If other sufficient surety is given, it shall have the force of the original surety entered before the filing of the affidavit, and shall discharge the original surety. [R60, §3302; C73, §3070; C97, §4005; C24, 27, 31, 35, 39, § 11715; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,…

Where a stay of execution has been taken, such confessed judgment shall not release any judgment lien by virtue of the original judgment for the amount then due. [R60, §3303; C73, §3071; C97, §4006; C24, 27, 31, 35, 39, § 11716; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §6…

When the property of any company, corporation, firm, or person shall be seized upon by any process of any court, or placed in the hands of a receiver, trustee, or assignee, or seized by the action of creditors, for the purpose of paying or securing the payment of the debts of suc…

Upon the rendition of judgment, execution may be at once issued by the clerk on the demand of the party entitled thereto. [R60, §3265; C73, §3029; C97, §3957; C24, 27, 31, 35, 39, § 11654; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.7 ]

Such preference shall be junior and inferior to mechanics’ liens for labor in opening and developing coal mines. [C97, §4019; S13, §4019; C24, 27, 31, 35, 39, § 11718; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.70 ]

Any employee desiring to enforce a claim for wages, at any time after the seizure of the property under execution or writ of attachment or under any other authority, and before sale thereof is ordered, shall present to the officer levying on such property or to such receiver, tru…

Any person interested may contest any claim or part thereof by filing objections thereto, supported by affidavit, with such court, receiver, trustee, or assignee, and its validity shall be determined in the same way the validity of other claims are which are sought to be enforced…

Claims of employees for labor or wages, if not contested, or if allowed after contest, shall have priority, unless otherwise stated in this chapter , over all claims against or liens upon such property, except prior mechanics’ liens for labor in opening or developing coal mines a…

The officer must give four weeks’ notice of the time and place of selling real property, and three weeks’ notice of personal property. [C51, §1905; R60, §3310; C73, §3079; C97, §4023; C24, 27, 31, 35, 39, § 11722; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.74 ] Referre…

Notice shall be posted in at least three public places of the county, one of which shall be at the county courthouse. In addition to which, in case of the sale of real estate, or where personal property with a value of two hundred dollars or greater is to be sold, there shall be …

The director of the department of inspections, appeals, and licensing, may, at the director’s discretion, represent laborers or employees seeking payment for labor or wage claims from the receiver, trustee, or assignee, or the court, or the person charged with the property, in ac…

An officer selling without the notice prescribed in sections 626.74 and 626.75 , shall forfeit one hundred dollars to the defendant in execution, in addition to the actual damages sustained by either party; but the validity of the sale is not thereby affected. [C51, §1907; R60, §…

If the debtor is in actual occupation and possession of any part of the land levied on, the officer having the execution shall, at least twenty days previous to such sale, serve the debtor with written notice, stating that the execution is levied on said land, and mentioning the …

Sales made without the notice required in section 626.78 may be set aside on motion made within ninety days thereafter. [R60, §3318; C73, §3087; C97, §4025; S13, §4025; C24, 27, 31, 35, 39, § 11727; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.79 ]

The clerk shall enter on the judgment docket the date of its issuance and to what county and officer issued, the return of the officer, with the date thereof; the dates and amount of all moneys received or paid out of the office thereon; which entries shall be made at the time ea…

1. The sale must be at public auction, between 9:00 a.m. and 4:00 p.m., and the hour of the commencement of the sale must be fixed in the notice. 2. The sheriff shall receive and give a receipt for a sealed written bid submitted prior to the public auction. The sheriff may requir…

When there are no bidders, or when the amount offered is grossly inadequate, when from any cause the sale is prevented from taking place on the day fixed, when requested by the judgment creditor, or when the parties so agree, the officer may postpone the sale without being requir…

When the property sells for more than the amount required to be collected, the overplus must be paid to the debtor, unless the officer has another execution in the officer’s hands on which said overplus may be rightfully applied, or unless there are liens upon the property which …

If the property levied on sells for less than sufficient to satisfy the execution, the judgment holder may order out another, which shall be credited with the amount of the previous sale. The proceedings under the second execution shall conform to those prescribed in this chapter…

At any time before 9:00 a.m. of the day of the sale, the debtor may deliver to the officer a plan of division of the land levied on, subscribed by the debtor, and in that case the officer shall sell, according to said plan, so much of the land as may be necessary to satisfy the d…

When the purchaser fails to pay the money when demanded, the judgment holder or the holder’s attorney may elect to proceed against the purchaser for the amount; otherwise the sheriff shall treat the sale as a nullity, and may sell the property on the same day, or after postponeme…

When any person shall purchase at a sheriff’s sale any real estate on which the judgment upon which the execution issued was not a lien at the time of the levy, and which fact was unknown to the purchaser, the court shall set aside such sale on motion, notice having been given to…

Money levied upon may be appropriated without being advertised or sold, and so may bank bills, drafts, promissory notes, or other papers of the like character, if the plaintiff will receive them at their par value as cash, or if the officer can exchange them for cash at that valu…

When a judgment has been obtained against a decedent in the decedent’s lifetime, the plaintiff may file a petition in the office of the clerk of the court where the judgment is rendered, against the executor, the heirs, and devisees of real estate, if such there be, setting forth…

The person against whom the petition is filed shall be notified by the plaintiff to appear within twenty days following completion of service and show cause, if any, why execution should not be awarded. [C51, §1919; R60, §3324; C73, §3093; C97, §4037; C24, 27, 31, 35, 39, § 11737…

In case execution is issued to a county other than that in which judgment is rendered, and is levied upon real estate in such county, an entry thereof shall be made upon the encumbrance book of that county by the officer making it, showing the same particulars as are required in …

The notice must be served and returned in the ordinary manner, and the same length of time shall be allowed for appearance as in civil actions, and service of such notice on nonresident defendants may be had in such cases by publication. [C51, §1920; R60, §3325; C73, §3094; C97, …

At the proper time, the court shall award the execution, unless sufficient cause is shown to the contrary, but the nonage of the heirs or devisees shall not be held such sufficient cause. [C51, §1921, 1922; R60, §3326, 3327; C73, §3095, 3096; C97, §4039; C24, 27, 31, 35, 39, § 11…

Mutual judgments, executions on which are in the hands of the same officer, may be set off the one against the other, except the costs, but if the amount collected on the large judgment is sufficient to pay the costs of both, such costs shall be paid therefrom. [C51, §1923; R60, …