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

The clerk issuing an execution on a judgment against principal and surety shall state in the execution the order of liability recited in the judgment, and the officer serving it shall exhaust the property of the principal first, and of the other defendants in the order of liabili…

Each person subsequently liable shall, if requested by the officer, point out property owned by the party liable, before that person, to obtain the benefits of the provision of section 626.17 . [R60, §3259; C73, §3040; C97, §3966; C24, 27, 31, 35, 39, § 11666; C46, 50, 54, 58, 62…

When the principal and surety are liable for any claim, such surety may pay the same, and recover thereon against all liable to the surety. If a judgment against principal and surety has been paid by the surety, the surety shall be subrogated to all the rights of the creditor, an…

Executions may issue at any time before the judgment is barred by the statute of limitations; and upon those in the district and appellate courts, into any county which the party ordering may direct. [C51, §1886, 1888; R60, §3246, 3248; C73, §3025, 3027; C97, §3955; S13, §3955; C…

If real estate is levied upon, except by virtue of a special execution issued in cases foreclosing recorded liens, the officer making the levy shall make an entry in the encumbrance book in the office of the clerk of the district court of the county where the real estate is locat…

Judgments, money, bank bills, and other things in action may be levied upon, and sold or appropriated thereunder, and an assignment thereof by the officer shall have the same effect as if made by the defendant. [C51, §1893; R60, §3272; C73, §3046; C97, §3971; C24, 27, 31, 35, 39,…

The levy upon a judgment shall be made by entering upon the judgment docket a memorandum of such fact, giving the names of the parties plaintiff and defendant, the court from which the execution issued, and the date and hour of such entry, which shall be signed by the officer ser…

After the rendition of judgment, any person indebted to the defendant in execution may pay to the sheriff the amount of such indebtedness, or so much thereof as is necessary to satisfy the execution, and the person’s receipt shall be a sufficient discharge therefor. [C51, §1894; …

If no property of a municipal corporation against which execution has issued can be found, or if the judgment creditor elects not to issue execution against such corporation, a tax must be levied as early as practicable to pay off the judgment. When a tax has been so levied and a…

Any interest which is not represented by a security as defined in the uniform commercial code, section 554.8102 , owned by the defendant in any company or corporation, and also debts due the defendant and property of the defendant in the hands of third persons, may be levied upon…

Property of the defendant in the possession of another, or debts due the defendant, may be reached by garnishment. [R60, §3270; C73, §3051; C97, §3975; C24, 27, 31, 35, 39, § 11677; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.26 ] Garnishment, chapter 642

Proceedings by garnishment on execution shall not be affected by its expiration or its return. [R60, §3271; C73, §3052; C97, §3976; C24, 27, 31, 35, 39, § 11678; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.27 ] Garnishment, chapter 642

Where parties have been garnished under it, the officer shall return to the clerk of court a copy of the execution with all the officer’s doings thereon, so far as they relate to the garnishments, and the clerk shall docket an action thereon without fee, and thereafter the procee…

In the service of a distress warrant issued by the director of revenue for the collection of taxes administered by or debts to be collected by the department of revenue, in the service of a distress warrant issued by the director of inspections, appeals, and licensing for the col…

Only one execution shall be in existence at the same time. [R60, §3246; C73, §3025; C97, §3955; S13, §3955; C24, 27, 31, 35, 39, § 11650; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.3 ]

Proceedings by garnishment under a distress warrant issued by the director of revenue or the director of inspections, appeals, and licensing shall not be affected by the expiration or return of the warrant. [C39, § 11679.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.30…

Where parties have been garnished under a distress warrant issued by the director of revenue or the director of inspections, appeals, and licensing, the officer shall make return thereof to the court in the county where the garnishee lives, if the garnishee lives in Iowa, otherwi…

When an officer has an execution against a person who owns property jointly or in common with another, such officer may levy on and take possession of the property owned jointly or in common, sufficiently to enable the officer to appraise and inventory the same, and for that purp…

The plaintiff shall, from the time such property is so levied on, have a lien on the interest of the defendant therein, and may commence an action by equitable proceedings to ascertain the nature and extent of such interest and to enforce the lien; and, if deemed necessary or pro…

Personal property subject to a security interest not exempt from execution may be taken on attachment or execution issued against the debtor, if the officer, or the attachment or execution creditor, within ten days after such levy, shall pay to the secured party the amount of the…

When the secured debt is not due as shown by the security agreement, the officer or the attachment or execution creditor, must also pay or deposit with the clerk interest on the principal sum at the rate specified in the security agreement for the term of sixty days from the date…

If within ten days after such levy the attachment or execution creditor does not pay the amount, make the deposit, or give the security required, the levy shall be discharged, and the property restored to the possession of the person from whom it was taken and the creditor shall …

When such sum is paid to the secured party or deposited with the clerk, the attachment or execution creditor shall be subrogated to all the rights of such holder, and the proceeds of the sale of the collateral shall be first applied to the discharge of such indebtedness and the c…

If, for any reason, the levy upon the collateral is discharged or released without a sale thereof, the attachment or execution creditor who has paid or deposited the amount of the secured debt shall have all the rights under such security agreement possessed by the secured party …

The secured party, before receiving the money tendered to the party by the attaching or execution creditor or which was deposited with the clerk, shall state by a signed memorandum the amount due or to become due and deliver the same along with the security agreement, unless it h…

When the plaintiff in judgment shall file in any court in which a judgment has been entered an affidavit made by the plaintiff, the plaintiff’s agent or attorney, or by the officer to whom the execution was issued, that an outstanding execution has been lost or destroyed, the cle…

When the attaching or execution creditor thus pays or deposits the amount of the claim under the security agreement, the creditor shall not be required to give an indemnifying bond on notice to the sheriff by the holder of the security agreement of the holder’s right to the prope…

If under execution sale the collateral does not sell for enough to pay the secured debt, interest, and costs of sale, the judgment creditor shall be liable for all costs thus made, but if a greater sum is realized, the officer conducting the sale shall at once pay to the secured …

For the purpose of enabling the attaching or execution creditor to determine the amount to be tendered or deposited to hold the levy under the writ of attachment or execution, the person entitled to receive payment of the secured debt shall deliver to any such person, upon writte…

If the right of the secured party to receive such or any sum is for any reason questioned by the levying creditor, the party may, within ten days after levy, or after demand is made for a statement of the amount due as above provided, commence an action in equity or contest such …

If such secured party is a nonresident or the party’s residence is unknown, service may be made by publication as in other actions, but if such residence becomes known before final submission, the court may order personal service to be made. If commenced at law, the court may tra…

The court may appoint a receiver, and shall determine the amount due on the security agreement, the value of the property levied upon, and all other questions properly presented, and may continue and preserve or dismiss the lien of the levy, the costs to be taxed to the losing pa…

If there are two or more security agreements, the creditor may admit the validity of one or more, and make the required deposit as to such, and contest the other, and where there are two or more such security agreements, each of which is questioned, a failure to establish the inv…

Nothing in this chapter contained shall be construed to forbid or in any way affect the right of a creditor to contest in any other way the validity of any security agreement. [C97, §3988; S13, §3988; C24, 27, 31, 35, 39, § 11695; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, …

A failure to make the statement, when required as above provided, shall have the effect to postpone the priority of the security interest and give the levy of the writ of attachment or execution priority over the claim of the holder thereof. [C97, §3989; C24, 27, 31, 35, 39, § 11…

If the secured party, before the levy of a writ of attachment or execution, has been garnished at the suit of a creditor of a debtor, a creditor desiring to seize the collateral under a writ of attachment or execution shall pay to the secured party, or deposit with the clerk, in …

When the lost execution shall have expired by limitation and such affidavit is filed, an execution may issue as it might if such lost execution had been duly returned. [S13, §3955; C24, 27, 31, 35, 39, § 11652; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.5 ]

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…