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

In an action to enforce a security interest in or a lien upon personal property, or for the recovery, sale, or partition of such property, or by a plaintiff having a future estate or interest therein for the security of the plaintiff’s rights, where it satisfactorily appears by t…

In an action by a vendor of property fraudulently purchased to vacate the contract and have a restoration of the property or compensation therefor, where the petition shows such fraudulent purchase of property and the amount of the plaintiff’s claim, and is verified, an attachmen…

The attachment in the cases mentioned in sections 640.1 and 640.2 may be granted by the court in which the action is brought, upon such terms and conditions as to security by the plaintiff for the damages which may be occasioned, and with such directions as to the disposition to …

The attachment shall describe the specific property against which it is issued, and have endorsed upon it the direction of the court as to the disposition to be made of the attached property, and be directed, executed, and returned as other attachments. [R60, §3230; C73, §3003; C…

The court may, in any of the cases mentioned under this head of specific attachments, direct the terms and conditions of the bond to be executed by the defendant, with security, in order to obtain a discharge of the attachment or to release the attached property. [R60, §3231; C73…

In all cases in which any person is indebted to the state, or to any officer or agent thereof for the use or benefit of the state, the attorney general shall demand payment or security therefor, when, in the opinion of the attorney general, the debt is not sufficiently secured. […

In all actions for money due to the state, or to any agent or officer for the use of the state, it shall be lawful for an attachment to issue against the property or debts of the defendant not exempt from execution, upon the filing of an affidavit of the attorney general, that th…

The attachment so issued shall be levied as in other cases of attachment, and no bond shall be required of the plaintiff in such cases, and the sheriff shall not be authorized to require any indemnifying bond in case of such levy. [C73, §3007; C97, §3920; C24, 27, 31, 35, 39, § 1…

An attachment levied under the provisions of sections 641.2 and 641.3 may be discharged, or any property taken thereunder may be released, by the execution of a bond with sufficient sureties, as provided by law in other cases of attachment. [C73, §3008; C97, §3921; C24, 27, 31, 3…

If any sheriff is held liable to pay any damages by reason of the wrongful execution of any writ of attachment issued under sections 641.2 through 641.4 and if a judgment is rendered for those damages, the amount of the judgment, when paid by such sheriff, shall become a claim ag…

A sheriff may be garnished for money of the defendant in the sheriff’s hands; a judgment debtor of the defendant, when the judgment has not been assigned on the record, or by writing filed in the office of the clerk and by the clerk minuted as an assignment on the margin of the j…

A garnishee may, at any time after answer, be exonerated from further responsibility by paying over to the sheriff the amount owing by the garnishee to the defendant, and placing at the sheriff’s disposal the property of the defendant, or so much of said debts and property as is …

When the garnishee has answered the interrogatories propounded to the garnishee, the plaintiff may controvert them by pleading thereto, and an issue may be joined, which shall be tried in the usual manner, upon which trial such answer of the garnishee shall be competent testimony…

No judgment shall be rendered against a garnishee on a pleading which controverts the garnishee’s answer until notice of the filing of the controverting pleading and of the time and place of trial thereon is served on the garnishee for such time and in such manner as the court or…

If in any of the above methods it is made to appear that the garnishee was indebted to the defendant, or had any of the defendant’s property in the garnishee’s hands, at the time of being served with the notice of garnishment, the garnishee will be liable to the plaintiff, in cas…

Judgment against the garnishee shall not be entered until notice as required by section 642.14A or 642.14B has been served upon the defendant in the main action. [C51, §1861; R60, §3195; C73, §2975; C97, §3947; S13, §3947; C24, 27, 31, 35, 39, § 12170; C46, 50, 54, 58, 62, 66, 71…

1. If the garnishment is to property other than earnings an employer owes a defendant, the judgment creditor shall serve upon a debtor who is a natural person not later than seven business days after the sheriff’s filing of a garnishee’s answers pursuant to section 642.5, subsect…

If the garnishment is to earnings an employer owes a defendant, the employer shall deliver the notice of garnishment to the defendant with the remainder of or in lieu of the defendant’s earnings. The garnishee shall state in answer to the sheriff’s examination whether or not serv…

The defendant in the main action may, by a suitable pleading filed in the garnishment proceedings, set up facts showing that the debt or the property with which it is sought to charge the garnishee is exempt from execution, or for any other reason is not liable for plaintiff’s cl…

If the debt of the garnishee to the defendant is not due, execution shall be suspended until its maturity. [R60, §3210; C73, §2989; C97, §3949; C24, 27, 31, 35, 39, § 12172; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §642.16 ]

The garnishee shall not be made liable on a debt due by negotiable paper other than negotiable documents of title, or securities as defined in uniform commercial code, section 554.8102 , unless such paper is delivered, or the garnishee completely exonerated or indemnified from al…

The judgment in the garnishment action, condemning the property or debt in the hands of the garnishee to the satisfaction of the plaintiff’s demand, is conclusive between the garnishee and defendant. [R60, §3212; C73, §2991; C97, §3951; C24, 27, 31, 35, 39, § 12174; C46, 50, 54, …

The docketing of the original case shall contain a statement of all the garnishments therein, and when judgment is rendered against a garnishee, the same shall distinctly refer to the original judgment. [R60, §3213; C73, §2992; C97, §3952; C24, 27, 31, 35, 39, § 12175; C46, 50, 5…

1. The state of Iowa, and all of its governmental subdivisions and agencies, may be garnished, only as provided in this section and the consent of the state and of its governmental subdivisions and agencies to those garnishment proceedings is hereby given. However, notwithstandin…

An appeal lies in all garnishment cases at the instance of the plaintiff, the defendant, the garnishee, or an intervenor claiming the money or property. [R60, §3214; C73, §2993; C97, §3953; C24, 27, 31, 35, 39, § 12176; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §642.20 ]

1. The disposable earnings of an individual are exempt from garnishment to the extent provided by the federal Consumer Credit Protection Act, Tit. III , 15 U.S.C. §1671 – 1677 (1982) . The maximum amount of an employee’s earnings which may be garnished during any one calendar yea…

1. A notice of garnishment served upon a garnishee is effective without serving another notice until the earliest of the following: a. The annual maximum permitted to be garnished under section 642.21 has been withheld. b. The writ of execution expires. c. The judgment is satisfi…

Notwithstanding the one-hundred-twenty-day period in section 626.16 for the return of an execution in garnishment for the payment of a support obligation, the sheriff shall promptly deposit any amounts collected with the clerk of the district court, and the clerk shall disburse t…

The court shall include in any order for garnishment a requirement that any amount garnisheed for the payment of a support obligation, whether or not the amount represents a current or delinquent support obligation, shall first be paid out of the garnisheed funds, after subtracti…

The sheriff’s actions under this chapter , including service of notice, shall not be construed to be that of an agent of any person or party in the proceedings. 2015 Acts, ch 79, §6

Where the property to be attached is a fund in court, the execution of a writ of attachment shall be by leaving with the clerk of the court a copy thereof, with notice, specifying the fund. [R60, §3197; C73, §2977; C97, §3937; C24, 27, 31, 35, 39, § 12160; C46, 50, 54, 58, 62, 66…

If the garnishee dies after the garnishee has been summoned by garnishment and pending the litigation, the proceedings may be revived by or against the garnishee’s heirs or legal representatives. [R60, §3198; C73, §2978; C97, §3938; C24, 27, 31, 35, 39, § 12161; C46, 50, 54, 58, …

1. When the plaintiff, in writing, directs the sheriff to take the answer of the garnishee, the sheriff shall put to the garnishee the following questions: [1] Are you in any manner indebted to the defendant in this suit, or do you owe the defendant money or property which is not…

If the garnishee refuses to answer fully and unequivocally all the foregoing interrogatories, the garnishee shall be notified to appear and answer as above provided, and the garnishee may be so required in any event, if the plaintiff so notifies the garnishee. [C51, §1866; R60, §…

The questions propounded to the garnishee in court may be such as are above prescribed to be asked by the sheriff, and such others as the court may think proper. [C51, §1867; R60, §3203; C73, §2982; C97, §3941; C24, 27, 31, 35, 39, § 12164; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77…

Where the garnishee is required to appear at court, unless the garnishee has refused to answer as contemplated above, the garnishee is entitled to the pay and mileage of a witness, and may, in like manner, require advance payment before any liability shall arise for nonattendance…

If, duly summoned, and the garnishee’s fees tendered when demanded, the garnishee fails to appear and answer the interrogatories propounded to the garnishee without sufficient excuse, the garnishee shall be presumed to be indebted to the defendant to the full amount of the plaint…

An action of replevin may be brought in any county in which the property or some part thereof is situated. The petition must be verified and must state: 1. A particular description of the property claimed. 2. Its actual value, and, where there are several articles, the actual val…

The officer must forthwith execute the writ by taking possession of the property therein described, if it is found in the possession of the defendant or the defendant’s agent, or of any other person who obtained possession thereof from the defendant, directly or indirectly, after…

When it appears by affidavit that the property claimed has been disposed of or concealed so that the writ cannot be executed, the court upon verified petition therefor, may compel the attendance of the defendant or other person claiming or concealing the property, and examine the…

The officer, having taken the property or any part thereof, shall forthwith deliver the same to the plaintiff, unless, before the actual delivery to the plaintiff, the defendant executes a bond to the plaintiff, with sureties to be approved by the clerk or officer, conditioned th…

Said bond shall be delivered to the officer, who shall return the property to the defendant, append the bond to the writ, return it therewith to the officer issuing it, and refer thereto in the sheriff’s return on the writ. [R60, §3559; C73, §3237; C97, §4172; C24, 27, 31, 35, 39…

When the property is so retained by the defendant, the defendant shall permit the officer and plaintiff to inspect the same, and, if the plaintiff so requests, the officer shall cause it to be examined and appraised by two sworn appraisers chosen by the parties to the action, or,…

The officer must return the writ within sixty days after its issuance or at an earlier time if the court shall order, and shall state fully what the officer has done thereunder. If the officer has taken any property, the officer shall describe the same particularly. [R60, §3559; …

The jury must assess the value of the property and the damages for the taking or detention thereof, whenever by their verdict there will be a judgment for the recovery or the return of the property, and, when required so to do by either party, must find the value of each article,…

The judgment shall determine which party is entitled to the possession of the property, and shall designate the party’s right therein, and if such party have not the possession thereof, shall also determine the value of the right of such party, which right shall be absolute as to…