Bill Text: IA HF2387 | 2013-2014 | 85th General Assembly | Enrolled
Bill Title: A bill for an act providing for notice of garnishment and levy to a judgment debtor. Effective 7-1-14.
Spectrum: Committee Bill
Status: (Passed) 2014-04-10 - Signed by Governor. H.J. 719. [HF2387 Detail]
Download: Iowa-2013-HF2387-Enrolled.html
House
File
2387
AN
ACT
PROVIDING
FOR
NOTICE
OF
GARNISHMENT
AND
LEVY
TO
A
JUDGMENT
DEBTOR.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
642.14,
Code
2014,
is
amended
to
read
as
follows:
642.14
Notice.
Judgment
against
the
garnishee
shall
not
be
entered
until
the
principal
defendant
in
the
main
action
has
had
ten
days’
notice
of
the
garnishment
proceedings,
to
be
served
in
the
same
manner
as
original
notices.
However,
if
the
garnishment
is
to
earnings
owed
the
such
defendant
by
the
garnishee,
judgment
may
be
entered
if
notice
to
the
defendant
is
served
with
the
House
File
2387,
p.
2
notice
of
garnishment
to
the
garnishee
who
shall
deliver
the
notice
to
the
defendant
with
the
remainder
of
or
in
lieu
of
the
defendant’s
earnings.
The
garnishee
shall
state
in
answer
to
the
service
of
notice
of
garnishment
whether
or
not
service
of
notice
was
delivered
to
the
defendant.
The
notice
required
by
this
section
shall
contain
the
full
text
of
section
630.3A
.
Sec.
2.
NEW
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
House
File
2387,
p.
3
advice
as
to
the
meaning
of
the
notice.
4.
An
additional
court
filing
fee
shall
not
be
assessed
for
proceedings
under
this
section.
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
______________________________
PAM
JOCHUM
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2387,
Eighty-fifth
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2014
______________________________
TERRY
E.
BRANSTAD
Governor
