Bill Text: IA HF2387 | 2013-2014 | 85th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
House
File
2387
-
Introduced
HOUSE
FILE
2387
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
584)
A
BILL
FOR
An
Act
providing
for
notice
of
garnishment
and
levy
to
a
1
judgment
debtor.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2387
Section
1.
Section
642.14,
Code
2014,
is
amended
to
read
as
1
follows:
2
642.14
Notice.
3
Judgment
against
the
garnishee
shall
not
be
entered
until
4
the
principal
defendant
in
the
main
action
has
had
ten
days’
5
notice
of
the
garnishment
proceedings,
to
be
served
in
the
same
6
manner
as
original
notices.
However,
if
the
garnishment
is
to
7
earnings
owed
the
such
defendant
by
the
garnishee,
judgment
8
may
be
entered
if
notice
to
the
defendant
is
served
with
the
9
notice
of
garnishment
to
the
garnishee
who
shall
deliver
the
10
notice
to
the
defendant
with
the
remainder
of
or
in
lieu
of
the
11
defendant’s
earnings.
The
garnishee
shall
state
in
answer
to
12
the
service
of
notice
of
garnishment
whether
or
not
service
of
13
notice
was
delivered
to
the
defendant.
14
The
notice
required
by
this
section
shall
contain
the
full
15
text
of
section
630.3A
.
16
Sec.
2.
NEW
SECTION
.
642.14A
Notice
of
garnishment
and
17
levy.
18
1.
Within
seven
days
after
execution
is
served
upon
a
19
garnishee,
the
sheriff
shall
send
a
notice
of
garnishment
20
and
levy
to
the
defendant
in
the
main
action
informing
the
21
defendant
that
certain
real
and
personal
property
of
the
22
defendant
may
be
exempt
from
execution
or
garnishment
and
that
23
a
hearing
process
is
available
for
the
defendant
to
claim
such
24
exemptions.
25
2.
The
notice
required
by
this
section
shall
be
served
by
26
personal
service
or
restricted
certified
mail
to
the
last
known
27
address
of
the
defendant
and
to
the
defendant’s
attorney.
The
28
judgment
creditor
shall
provide
the
sheriff
with
the
last
known
29
address
of
the
defendant
and
the
defendant’s
attorney
if
there
30
is
an
attorney
of
record.
Proof
of
mailing
or
personal
service
31
by
the
sheriff
shall
be
by
affidavit.
32
3.
The
notice
required
by
this
section
shall:
33
a.
Inform
the
defendant
that
judgment
has
been
entered
in
34
the
main
action
and
the
defendant’s
funds
or
other
property
is
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2387
subject
to
execution
under
the
judgment.
1
b.
Inform
the
defendant
that
the
defendant
has
the
right
2
to
claim
funds
or
other
property
exempt
from
execution
or
3
garnishment
and
a
right
to
be
timely
heard
on
those
claims.
4
c.
Inform
the
defendant
that
if
the
defendant
does
not
file
5
a
motion
or
other
appropriate
pleading
to
claim
funds
or
other
6
property
exempt
from
execution
or
garnishment
under
state
or
7
federal
law,
the
defendant
may
lose
any
such
rights
and
the
8
funds
or
other
property
may
be
applied
to
the
judgment
against
9
the
defendant.
10
d.
Inform
the
defendant
that
state
and
federal
laws
may
11
place
limits
on
the
amount
of
earnings
that
may
be
garnished
12
annually
and
per
pay
period
and
limits
on
other
funds
and
13
property
that
may
be
garnished
or
levied
against.
14
e.
Contain
the
full
text
of
section
630.3A.
15
f.
State
that
the
defendant
may
wish
to
consult
a
lawyer
for
16
advice
as
to
the
meaning
of
the
notice.
17
4.
An
additional
court
filing
fee
shall
not
be
assessed
for
18
proceedings
under
this
section.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
provides
that
notice
of
garnishment
and
levy
be
23
sent
to
a
judgment
debtor.
24
The
bill
provides
that
within
seven
days
after
execution
25
is
served
upon
a
garnishee,
the
sheriff
shall
send
a
notice
26
of
garnishment
and
levy
to
the
defendant
in
the
main
action
27
(also
known
as
the
judgment
debtor)
informing
the
defendant
28
that
certain
real
and
personal
property
and
wages
of
the
29
defendant
may
be
exempt
from
execution
or
garnishment
and
that
30
a
hearing
process
is
available
for
the
defendant
to
claim
such
31
exemptions.
The
bill
specifies
that
the
notice
be
served
32
personally
or
by
restricted
certified
mail
to
the
last
known
33
address
of
the
defendant
and
to
the
defendant’s
attorney.
The
34
bill
specifies
the
contents
of
the
notice,
including
that
the
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