626.1 Enforcement of judgments and orders. Judgments or orders requiring the payment of money, or the delivery of the possession of property, are to be enforced by execution. Obedience to those requiring the performance of any other act is to be coerced by attachment as for a contempt. [C51, §1885; R60, §3247; C73, §3026; C97, […]
626.10 Duplicate returns and record. If real estate is sold under said execution the officer shall make return thereof in duplicate, one of which shall be appended to the execution and returned to the court from which it is issued, the other with a copy of the execution to the district court of the county […]
626.100 Presumption. Deeds executed by a sheriff in pursuance of the sales contemplated in this chapter are presumptive evidence of the regularity of all previous proceedings in the case, and may be given in evidence without preliminary proof. [C51, §1948; R60, §3356; C73, §3126; C97, §4064; C24, 27, 31, 35, 39, §11746; C46, 50, 54, […]
626.101 Damages for injury to property. When real estate has been sold on execution, the purchaser thereof, or any person who has succeeded to the purchaser’s interest, may, after the estate becomes absolute, recover damages for any injury to the property committed after the sale and before possession is delivered under the conveyance. [C51, §1949; […]
626.103 Death of holder of judgment. The death of any or all of the joint owners of a judgment shall not prevent an execution being issued thereon, but on any such execution the clerk shall endorse the fact of the death of such of them as are dead, and if all are dead, the names […]
626.104 Officer’s duty. In acting upon an execution, so endorsed, the sheriff shall proceed as if the surviving owners, or the personal representatives or heirs as above provided, were the only owners of the judgment upon which it was issued, and take bonds accordingly. [R60, §3483; C73, §3131; C97, §4068; C24, 27, 31, 35, 39, […]
626.105 Affidavit required. Before making the endorsements as above provided, an affidavit shall be filed with the clerk by one of the owners of such judgment, or one of such personal representatives or heirs, or their attorney, of the death of such owners as are dead, and that the persons named as such are the […]
626.106 Execution quashed. Any debtor in such a judgment may move the court to quash an execution on the ground that the personal representatives or heirs of a deceased judgment creditor are not properly stated in the endorsement on the execution. [R60, §3486; C73, §3134; C97, §4070; C24, 27, 31, 35, 39, §11752; C46, 50, […]
626.107 Death of part of defendants. The death of part of the joint debtors in a judgment shall not prevent execution being issued thereon, but, when issued, it shall operate alone on the survivors and their property. [R60, §3485; C73, §3133; C97, §4071; C24, 27, 31, 35, 39, §11753; C46, 50, 54, 58, 62, 66, […]
626.108 Fee bill execution. After the expiration of sixty days from the rendition of a final judgment not appealed, removed, or reversed, the clerk of the court may, and, upon demand of any party entitled to any part thereof, shall, issue a fee bill for all costs of such judgment, which shall have the same […]
626.109 Public property — state. A judgment against a department, agency, division, or official of the state does not create or constitute a lien against public property held by the state. 93 Acts, ch 87, §13, 14 See also §627.18
626.11 Return from foreign county. When sent into any county other than that in which the judgment was rendered, return may be made by mail. Money cannot thus be sent, except by direction of the party entitled thereto, or the party’s attorney. [C51, §1889; R60, §3250; C73, §3032; C97, §3959; C24, 27, 31, 35, 39, […]
626.12 Form of execution. The execution must intelligibly refer to the judgment, stating the time when and place at which it was rendered, the names of the parties to the action as well as to the judgment, its amount, and the amount still to be collected thereon, if for money; if not, it must state […]
626.13 Property in hands of others. If it is against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the sheriff to satisfy the judgment and interest out of such property. [R60, §3252; C73, §3034; C97, §3961; C24, 27, 31, 35, 39, […]
626.14 Delivery of possession and money recovery. 1. If the judgment requires the delivery of the possession of real or personal property, execution shall require the sheriff to deliver the possession of the property, particularly describing it, to the party entitled to the property, and may, at the same time, require the party to satisfy […]
626.15 Performance of other acts. When it requires the performance of any other act, a certified copy of the judgment may be served on the person against whom it is rendered, or upon the person or officer who is required thereby, or by law, to obey the same, and the person’s obedience thereto enforced. [R60, […]
626.16 Receipt and return. Every officer who receives an execution shall provide a receipt, if required, stating the hour when the same was received, and shall make sufficient return of the execution, together with the money collected, on or before the one hundred twentieth day from the date of its issuance. [R60, §3255; C73, §3037; […]
626.17 Principal and surety — order of liability. 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 […]
626.18 Duty to point out property. 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, 66, […]
626.19 Surety subrogated. 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, and may […]
