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, which show that the garnishee is indebted to the defendant, a notice of garnishment and levy notifying the defendant of the information required in subsection 3.
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. Service shall not be made by a party to the action or an attorney for a party to the action. Service may be made by taking acknowledgment of service from the defendant. Proof of such service shall be filed with the court.
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 request and have a timely hearing before a judge to claim such exemptions.
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.
g. Inform the defendant that any garnishment for fines imposed on a defendant in a criminal case is subject to section 909.6, including the provision that any law which exempts a person’s personal property from any lien or legal process is not applicable for such garnishment.
4. An additional court filing fee shall not be assessed for proceedings under this section.
2014 Acts, ch 1090, §2; 2015 Acts, ch 79, §4
Referred to in §642.14, 642.14B
Section not amended; internal reference change applied
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Section 642.1 - Who may be garnished.
Section 642.2 - Garnishment of public employer.
Section 642.3 - Fund in court.
Section 642.4 - Death of garnishee.
Section 642.5 - Sheriff may take answers.
Section 642.6 - Garnishee required to appear.
Section 642.7 - Examination in court.
Section 642.9 - Failure to appear or answer — cause shown.
Section 642.10 - Paying or delivering.
Section 642.11 - Answer controverted.
Section 642.12 - Notice of controverting pleadings.
Section 642.13 - Judgment against garnishee.
Section 642.14 - Notice of garnishment proceedings.
Section 642.14A - Notice to defendant — nonemployer garnishees.
Section 642.14B - Notice to defendant — employer garnishees.
Section 642.15 - Pleading by defendant — discharge of garnishee.
Section 642.16 - When debt not due.
Section 642.17 - Negotiable paper — indemnity.
Section 642.18 - Judgment conclusive.
Section 642.19 - Docket to show garnishments.
Section 642.21 - Exemption from net earnings.
Section 642.22 - Validity of garnishment notice — duty to monitor account.
Section 642.23 - Support disbursements by the clerk.