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

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, …

Personal property, and leasehold interests in real property having less than two years of an unexpired term, levied upon and advertised for sale on execution, must be appraised before sale by two disinterested householders of the neighborhood, one of whom shall be chosen by the e…

Subject to the provisions of section 626.93 , when property is unsold for want of bidders, the levy still holds good; and, if there be sufficient time, it may again be advertised, or the execution returned and one issued commanding the officer to sell the property, describing it,…

If the property sold is not subject to redemption, the sheriff must execute a deed therefor to the purchaser; but, if subject to redemption, a certificate, containing a description of the property and the amount of money paid by such purchaser, and stating that, unless redemption…

When any person, firm, or corporation to whom a sheriff’s certificate of sale has been issued or an assignee thereof shall file in the office of the clerk of the district court in which the certificate was issued and in said action, a verified application signed by the purchaser …

After eight years have elapsed from the date of issuance of any sheriff’s certificate of sale, and no action has been taken by the holder of such certificate to obtain a deed thereunder, it shall be the duty of the sheriff and clerk of the district court to cancel such sale and c…

If the debtor or the debtor’s assignee fails to redeem, the sheriff then in office must, at the end of the period for redemption provided by law for the particular action, execute a deed to the person who is entitled to the certificate as provided in section 626.95 , or to that p…

The purchaser of real estate at a sale on execution need not place any evidence of the person’s purchase upon record until sixty days after the expiration of the full time of redemption. Up to that time the publicity of the proceedings is constructive notice of the rights of the …

As used in this chapter unless the context otherwise requires, “foreign judgment” means a judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. [ C81, §626A.1 ]

1. A copy of a foreign judgment authenticated in accordance with an Act of Congress or the statutes of this state may be filed in the office of the clerk of the district court of a county of this state which would have venue if the original action was being commenced in this stat…

1. At the time of the filing of the foreign judgment, the judgment creditor or the 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, and the judgment creditor. 2. Promptly u…

1. If the judgment debtor shows the district court in which the judgment is filed that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concl…

For filing a foreign judgment, the clerk shall collect a fee in the amount collected for filing and docketing a petition under section 602.8105, subsection 1 , paragraph “a” . [ C81, §626A.5 ] 94 Acts, ch 1074, §9

The right of a judgment creditor to bring an action to enforce the creditor’s judgment instead of proceeding under this chapter remains unimpaired. [ C81, §626A.6 ]