Senate File 2342 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 3239)


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

                                      A BILL FOR

  1 An Act relating to the time limit on executions of judgments and
  2    orders.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6543SV 82
  5 rh/nh/8

PAG LIN



  1  1    Section 1.  Section 626.16, Code 2007, is amended to read
  1  2 as follows:
  1  3    626.16  RECEIPT AND RETURN.
  1  4    Every officer who receives an execution shall provide a
  1  5 receipt, if required, stating the hour when the same was
  1  6 received, and shall make sufficient return of the execution,
  1  7 together with the money collected, on or before the one
  1  8 hundred twentieth three hundred sixty=fifth day from the date
  1  9 of its issuance.
  1 10    Sec. 2.  Section 642.23, unnumbered paragraph 1, Code 2007,
  1 11 is amended to read as follows:
  1 12    Notwithstanding the one=hundred=twenty=day
  1 13 three=hundred=sixty=five=day period in section 626.16 for the
  1 14 return of an execution in garnishment for the payment of a
  1 15 support obligation, the sheriff shall promptly deposit any
  1 16 amounts collected with the clerk of the district court, and
  1 17 the clerk shall disburse the amounts, after subtracting
  1 18 applicable fees, within two working days of the filing of an
  1 19 order condemning funds as follows:
  1 20                           EXPLANATION
  1 21    This bill amends the current time limit in Code section
  1 22 626.16 within which an officer must provide, upon request, a
  1 23 receipt of an execution of a judgment or order, and return the
  1 24 execution together with any money collected, from 123 days to
  1 25 365 days.
  1 26    The bill also makes a conforming change to a reference to
  1 27 the 123=day time limit in Code section 624.23 relating to the
  1 28 prompt deposit and disbursement of garnished funds.
  1 29 LSB 6543SV 82
  1 30 rh/nh/8