House File 2454

                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HF 2166)


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

                                      A BILL FOR

  1 An Act extending a time limit on executions of judgments and
  2    orders for wage garnishment for the payment of a support
  3    obligation.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6010HV 80
  6 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, except in the case of an execution in
  1 10 garnishment for the payment of a support obligation, in which
  1 11 case the officer shall make sufficient return of the
  1 12 execution, together with the money collected, no later than
  1 13 six months from the date of issuance of the execution.
  1 14    Sec. 2.  Section 642.23, unnumbered paragraph 1, Code 2003,
  1 15 is amended to read as follows:
  1 16    Notwithstanding the seventy=day six=month period specified
  1 17 in section 626.16 for the return of an execution in
  1 18 garnishment for the payment of a support obligation, the
  1 19 sheriff shall promptly deposit any amounts collected with the
  1 20 clerk of the district court, and the clerk shall disburse the
  1 21 amounts, after subtracting applicable fees, within two working
  1 22 days of the filing of an order condemning funds as follows:
  1 23                           EXPLANATION
  1 24    This bill provides an exemption in the case of an execution
  1 25 in garnishment for the payment of a support obligation, from a
  1 26 70=day time limit that requires an officer to provide, upon
  1 27 request, a receipt of an execution of a judgment or order, and
  1 28 to return the execution together with any money collected.
  1 29 The bill allows such execution up to six months beyond the
  1 30 date of issuance of the execution.
  1 31    The bill also makes a conforming amendment to a reference
  1 32 to the 70=day time limit in a Code provision relating to the
  1 33 prompt deposit and disbursement of garnished funds.
  1 34 LSB 6010HV 80
  1 35 kh/pj/5