House
File
2210
-
Introduced
HOUSE
FILE
2210
BY
SWAIM
A
BILL
FOR
An
Act
relating
to
notice
of
garnishment
proceedings
and
1
the
seizure
of
moneys
in
a
bank,
credit
union,
or
other
2
financial
institution
account.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5020HH
(3)
84
rh/rj
H.F.
2210
Section
1.
Section
642.14,
Code
2011,
is
amended
to
read
as
1
follows:
2
642.14
Notice.
3
1.
Judgment
against
the
garnishee
shall
not
be
entered
4
until
the
principal
defendant
has
had
ten
days’
notice
of
the
5
garnishment
proceedings,
to
be
served
in
the
same
manner
as
6
original
notices.
7
a.
If
the
subject
of
the
garnishment
is
moneys
in
an
8
account
in
a
bank,
credit
union,
or
other
financial
institution
9
owned
by
the
principal
defendant,
the
notice
shall
be
served
10
simultaneously
with
the
seizure
of
the
moneys
by
the
sheriff.
11
b.
However,
if
If
the
subject
of
the
garnishment
is
to
12
earnings
owed
the
defendant
by
the
garnishee,
judgment
may
be
13
entered
if
notice
to
the
defendant
is
served
with
the
notice
14
of
garnishment
to
the
garnishee
who
shall
deliver
the
notice
15
to
the
defendant
with
the
remainder
of
or
in
lieu
of
the
16
defendant’s
earnings.
17
2.
The
garnishee
shall
state
in
answer
to
the
service
of
18
notice
of
garnishment
whether
or
not
service
of
notice
was
19
delivered
to
the
defendant.
20
3.
The
notice
required
by
this
section
shall
contain
the
21
full
text
of
section
630.3A
.
22
EXPLANATION
23
Under
Code
chapter
642,
once
a
plaintiff
obtains
judgment
24
and
seeks
execution
on
the
judgment
through
garnishment
25
proceedings,
the
plaintiff
must
serve
a
notice
of
garnishment
26
on
the
defendant.
This
bill
provides
that
if
the
subject
of
27
the
garnishment
is
moneys
in
a
bank,
credit
union,
or
other
28
financial
institution
account
owned
by
the
principal
defendant,
29
the
notice
shall
be
served
simultaneously
with
the
seizure
of
30
the
moneys
by
the
sheriff.
31
-1-
LSB
5020HH
(3)
84
rh/rj
1/
1