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