642.1 Who may be garnished. 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 […]
642.10 Paying or delivering. 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 equal to […]
642.11 Answer controverted. 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. [C51, §1872; R60, §3208; C73, §2987; C97, […]
642.12 Notice of controverting pleadings. 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 […]
642.13 Judgment against garnishee. 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 […]
642.14 Notice of garnishment proceedings. 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, […]
642.14A Notice to defendant — nonemployer garnishees. 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, subsection 4, […]
642.14B Notice to defendant — employer garnishees. 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 service of […]
642.15 Pleading by defendant — discharge of garnishee. 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 […]
642.16 When debt not due. 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]
642.17 Negotiable paper — indemnity. 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 all liability thereon after the garnishee may […]
642.18 Judgment conclusive. 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, 58, 62, 66, 71, 73, 75, […]
642.19 Docket to show garnishments. 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, 54, 58, 62, 66, […]
642.2 Garnishment of public employer. 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, notwithstanding the requirements of this chapter, income […]
642.20 Appeal. 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]
642.21 Exemption from net earnings. 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 year is two hundred fifty […]
642.22 Validity of garnishment notice — duty to monitor account. 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 […]
642.23 Support disbursements by the clerk. 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 the amounts, after subtracting applicable fees, within […]
642.24 Garnishments — support payment priority. 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 subtracting applicable fees related to […]
642.25 Sheriff not an agent. 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
