House File 2166

                                       HOUSE FILE       
                                       BY  ELGIN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act eliminating a time limit on executions of judgments and
  2    orders.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6010HH 80
  5 kh/pj/5

PAG LIN

  1  1    Section 1.  Section 626.16, Code 2003, is amended to read
  1  2 as follows:
  1  3    626.16  RECEIPT AND RETURN.
  1  4    Every officer to whose hands who receives an execution may
  1  5 come shall give provide a receipt therefor, if required,
  1  6 stating the hour when the same was received, and shall make
  1  7 sufficient return thereof of the execution, together with the
  1  8 money collected, on or before the seventieth day from the date
  1  9 of its issuance.
  1 10    Sec. 2.  Section 642.23, unnumbered paragraph 1, Code 2003,
  1 11 is amended to read as follows:
  1 12    Notwithstanding the seventy=day period in section 626.16
  1 13 for the return of an execution in garnishment for the payment
  1 14 of a support obligation, the The sheriff shall promptly
  1 15 deposit any amounts collected with the clerk of the district
  1 16 court, and the clerk shall disburse the amounts, after
  1 17 subtracting applicable fees, within two working days of the
  1 18 filing of an order condemning funds as follows:
  1 19                           EXPLANATION
  1 20    This bill strikes a 70=day time limit from a Code provision
  1 21 that requires an officer to provide, upon request, a receipt
  1 22 of an execution of a judgment or order, and to return the
  1 23 execution together with any money collected.  The amendment
  1 24 allows execution beyond the 70=day time period.
  1 25    The bill also makes a conforming strike of a reference to
  1 26 the 70=day time limit from a Code provision relating to the
  1 27 prompt deposit and disbursement of garnisheed funds.
  1 28 LSB 6010HH 80
  1 29 kh/pj/5
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