House
File
365
-
Introduced
HOUSE
FILE
365
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
26)
A
BILL
FOR
An
Act
relating
to
the
service
of
notices
of
garnishment
by
1
sheriffs.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1729HV
(2)
89
cm/jh
H.F.
365
Section
1.
Section
642.5,
Code
2021,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
1A.
The
sheriff
shall
serve
to
the
3
garnishee
the
notice
of
garnishment
in
the
same
manner
as
an
4
original
notice
by
personal
service,
certified
mail
service,
5
first
class
mail,
or
electronic
means.
The
recipient
of
the
6
garnishment
notice
may
return
service
in
the
same
manner
as
the
7
notice
was
received.
The
garnishee
shall
submit
answers
within
8
twenty-one
days
of
service.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
Under
current
law,
a
sheriff
is
required
to
take
the
answer
13
of
the
garnishee
when
the
plaintiff,
in
writing,
directs
the
14
sheriff
to
do
so.
The
sheriff
must
then
file
the
answer
to
15
the
examination
within
seven
business
days
of
receiving
the
16
answer.
This
bill
provides
that
the
sheriff
shall
serve
the
17
notice
of
garnishment
in
the
same
manner
as
an
original
notice.
18
The
bill
also
provides
that
the
person
who
received
notice
of
19
garnishment
may
respond
in
the
same
manner
and
the
garnishee
20
shall
submit
answers
within
21
days
of
service.
21
-1-
LSB
1729HV
(2)
89
cm/jh
1/
1