642.5 Sheriff may take answers.
1. When the plaintiff, in writing, directs the sheriff to take the answer of the garnishee, the sheriff shall put to the garnishee the following questions:
[1] Are you in any manner indebted to the defendant in this suit, or do you owe the defendant money or property which is not yet due? If so, state the particulars.
[2] Have you in your possession or under your control any property, rights, or credits of the said defendants? If so, what is the value of the same? State all particulars.
[3] Do you know of any debts owing the said defendant, whether due or not due, or any property, rights, or credits belonging to the defendant and now in the possession or under the control of others? If so, state the particulars.
[4] Do you compensate the defendant in this suit for any personal services whether denominated as wages, salary, commission, bonus or otherwise, including periodic payments pursuant to a pension or retirement program? If so, state the amount of the compensation reasonably anticipated to be paid defendant during the calendar year.
2. The sheriff shall serve to the garnishee the notice of garnishment in the same manner as an original notice by personal service, certified mail service, first class mail, or electronic means. The recipient of the garnishment notice may return service in the same manner as the notice was received. The garnishee shall submit answers within twenty-one days of service.
3. The sheriff conducting the garnishment shall also notify the sheriff of the county where the action is being enforced.
4. The sheriff shall file the answers to the examination within seven business days of receiving the answers.
[C51, §1864, 1865; R60, §3200, 3201; C73, §2980; C97, §3939; C24, 27, 31, 35, 39, §12162; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §642.5]
84 Acts, ch 1239, §9; 2011 Acts, ch 25, §76; 2015 Acts, ch 79, §2; 2021 Acts, ch 153, §1
Referred to in §642.2, 642.14A, 642.21
NEW subsections 2 and 3 and former subsection 2 renumbered as 4
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.