House
Study
Bill
566
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
garnishment
proceedings
and
service
of
a
1
garnishee.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
642.2,
subsection
5,
Code
2020,
is
1
amended
to
read
as
follows:
2
5.
Except
as
provided
in
subsection
1
,
service
upon
the
3
garnishee
shall
be
made
by
serving
an
original
notice
with
a
4
copy
of
the
judgment
against
the
defendant,
and
with
a
copy
of
5
the
questions
specified
in
section
642.5
,
by
certified
mail
6
or
by
personal
service
by
the
sheriff
of
the
county
where
7
the
judgment
was
entered
upon
the
attorney
general,
county
8
attorney,
city
attorney,
secretary
of
the
school
district,
9
or
legal
counsel
of
the
appropriate
governmental
unit.
The
10
garnishee
shall
be
required
to
answer
within
thirty
days
11
following
receipt
of
the
notice.
12
Sec.
2.
Section
642.12,
Code
2020,
is
amended
to
read
as
13
follows:
14
642.12
Notice
of
controverting
pleadings.
15
No
judgment
shall
be
rendered
against
a
garnishee
on
a
16
pleading
which
controverts
the
garnishee’s
answer
until
notice
17
of
the
filing
of
the
controverting
pleading
and
of
the
time
and
18
place
of
trial
thereon
is
personally
served
on
the
garnishee
19
for
such
time
and
in
such
manner
as
the
court
or
judge
shall
20
order
by
the
sheriff
of
the
county
in
which
the
proceeding
21
will
be
held
.
A
garnishee
who
has
been
so
notified
shall
not
22
be
entitled
to
notice
of
the
filing
of
amendments
or
of
trial
23
thereon.
24
Sec.
3.
Section
642.14,
Code
2020,
is
amended
to
read
as
25
follows:
26
642.14
Notice
of
garnishment
proceedings.
27
Judgment
against
the
garnishee
shall
not
be
entered
unless
28
the
garnishee
received
personal
service
by
the
county
sheriff
29
for
all
required
notices
under
this
chapter,
excepted
as
30
provided
in
section
642.2,
subsection
1,
and
until
notice
as
31
required
by
section
642.14A
or
642.14B
has
been
served
upon
the
32
defendant
in
the
main
action.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
garnishment
proceedings
and
service
of
2
a
garnishee.
3
The
bill
requires
that
service
upon
a
garnishee
shall
be
4
made
by
the
sheriff
of
the
county
where
the
judgment
was
5
entered
by
personally
serving
an
original
notice
with
a
copy
6
of
the
judgment
against
the
defendant,
and
with
a
copy
of
the
7
questions
specified
in
Code
section
642.5.
8
The
bill
provides
that
no
judgment
shall
be
rendered
against
9
a
garnishee
on
a
pleading
which
controverts
the
garnishee’s
10
answer
until
notice
of
the
filing
of
the
controverting
pleading
11
and
of
the
time
and
place
of
trial
thereon
is
personally
served
12
on
the
garnishee
by
the
sheriff
of
the
county
in
which
the
13
proceeding
will
be
held.
14
The
bill
provides
that
judgment
against
a
garnishee
shall
15
not
be
entered
unless
the
garnishee
received
personal
service
16
by
the
county
sheriff
for
all
required
notices
under
Code
17
chapter
642.
18
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