86.36  Notice and service--resident and nonresident employers.

1.  In addition to the manner provided in chapter 17A, whenever service or delivery of any notice is made on a nonresident employer under the provisions of section 85.3, subsection 2, the same shall be done in the following manner:

a.  By filing a copy of said notice with the secretary of state.

b.  By mailing to such employer within ten days after said filing with the secretary of state, by certified mail with return receipt requested addressed to the nonresident employer at the nonresident employer's last known residence or place of abode, a copy of said notice on which shall be noted the date of filing of the copy with the secretary of state.

2.  In lieu of mailing said copy of notice to the nonresident employer in a foreign state, plaintiff may cause the same to be personally served or delivered in the foreign state on such employer by any adult person not a party to the proceedings, by delivering said copy of notice to the nonresident employer or by offering to make such delivery in case delivery is refused.

3.  Proof of the filing of a copy of said notice with the secretary of state and proof of the mailing or personal delivery of the copy to said nonresident employer shall be made by affidavit of the party doing said acts. All affidavits of service or delivery shall be endorsed upon or attached to the original of the papers to which they relate and all such proofs of service or delivery, including the certified mail return receipt shall be forthwith filed with the original of the papers.

4.  The secretary of state shall keep a record of all notices filed with the secretary of state pursuant to section 85.3 and this section and shall not permit said filed notices to be taken from the secretary's office except on an order of court but shall, on request and without fee, furnish any nonresident employer or nonresident employer's insurer with a certified copy of any notice in which the nonresident employer is named.

5.  "Nonresident employer", as used in section 85.3 and this section does not mean foreign corporations lawfully qualified to transact business within the state of Iowa under chapter 490.

Section History: Early form

  [S13, § 2477-m34; C24, 27, 31, 35, 39, § 1459; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 86.36]

Section History: Recent form

  90 Acts, ch 1205, § 9; 93 Acts, ch 126, § 1

Internal References

  Referred to in § 86.11

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