2015 Iowa Code
TITLE XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
SUBTITLE 5 - SPECIAL ACTIONS
CHAPTER 642 - GARNISHMENT
Section 642.14A - Notice of garnishment and levy.
1. Within seven days after execution is served upon a garnishee, the sheriff shall send a notice of garnishment and levy to the defendant in the main action informing the defendant that certain real and personal property of the defendant may be exempt from execution or garnishment and that a hearing process is available for the defendant to claim such exemptions.
2. The notice required by this section shall be served by personal service or restricted certified mail and first class mail to the last known address of the defendant and to the defendant’s attorney. The judgment creditor shall provide the sheriff with the last known address of the defendant and the defendant’s attorney if there is an attorney of record. Proof of mailing or personal service by the sheriff shall be by affidavit.
3. The notice required by this section shall:
a. Inform the defendant that judgment has been entered in the main action and the defendant’s funds or other property is subject to execution under the judgment.
b. Inform the defendant that the defendant has the right to claim funds or other property exempt from execution or garnishment and a right to be timely heard on those claims.
c. Inform the defendant that if the defendant does not file a motion or other appropriate pleading to claim funds or other property exempt from execution or garnishment under state or federal law, the defendant may lose any such rights and the funds or other property may be applied to the judgment against the defendant.
d. Inform the defendant that state and federal laws may place limits on the amount of earnings that may be garnished annually and per pay period and limits on other funds and property that may be garnished or levied against.
e. Contain the full text of section 630.3A.
f. State that the defendant may wish to consult a lawyer for advice as to the meaning of the notice.
4. An additional court filing fee shall not be assessed for proceedings under this section.
2014 Acts, ch 1090, §2
NEW section
Disclaimer: These codes may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
