Section 626.74 – Notice of sale.
626.74 Notice of sale. 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] Referred […]
Section 626.75 – Posting and publication — compensation.
626.75 Posting and publication — compensation. 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 […]
Section 626.76 – Labor commissioner to represent.
626.76 Labor commissioner to represent. The labor commissioner, appointed pursuant to section 91.2, may, at the labor commissioner’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 accordance with and subject to the provisions of […]
Section 626.77 – Penalty for selling without notice.
626.77 Penalty for selling without notice. 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, §3312; C73, §3081; C97, […]
Section 626.78 – Notice to defendant.
626.78 Notice to defendant. 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 time and […]
Section 626.79 – Setting aside sale.
626.79 Setting aside sale. 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]
Section 626.80 – Time and manner.
626.80 Time and manner. 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 […]
Section 626.81 – Sale postponed.
626.81 Sale postponed. 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 required to give any […]
Section 626.82 – Overplus.
626.82 Overplus. 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 ought to be paid therefrom, […]
Section 626.83 – Deficiency — additional execution.
626.83 Deficiency — additional execution. 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 for the first execution. […]