House Study Bill 26 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) 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 1729YC (2) 89 cm/jh
H.F. _____ 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 mail. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 Under current law, a sheriff is required to take the answer 10 of the garnishee when the plaintiff, in writing, directs the 11 sheriff to do so. The sheriff must then file the answer to the 12 examination within seven business days of receiving the answer. 13 This bill provides that the sheriff shall serve the notice of 14 garnishment in the same manner as an original notice. 15 -1- LSB 1729YC (2) 89 cm/jh 1/ 1