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House Study Bill 566 - IntroducedA Bill ForAn Act 1relating to garnishment proceedings and service of a
2garnishee.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 642.2, subsection 5, Code 2020, is
2amended to read as follows:
35. Except as provided in subsection 1, service upon the
4garnishee shall be made by serving an original notice with a
5copy of the judgment against the defendant, and with a copy of
6the questions specified in section 642.5, by certified mail
7or by personal service by the sheriff of the county where
8the judgment was entered upon the attorney general, county
9attorney, city attorney, secretary of the school district,
10or legal counsel of the appropriate governmental unit. The
11garnishee shall be required to answer within thirty days
12following receipt of the notice.
13 Sec. 2. Section 642.12, Code 2020, is amended to read as
14follows:
15642.12 Notice of controverting pleadings.
16No judgment shall be rendered against a garnishee on a
17pleading which controverts the garnishee’s answer until notice
18of the filing of the controverting pleading and of the time and
19place of trial thereon is personally served on the garnishee
20for such time and in such manner as the court or judge shall
21order by the sheriff of the county in which the proceeding
22will be held. A garnishee who has been so notified shall not
23be entitled to notice of the filing of amendments or of trial
24thereon.
25 Sec. 3. Section 642.14, Code 2020, is amended to read as
26follows:
27642.14 Notice of garnishment proceedings.
28Judgment against the garnishee shall not be entered unless
29the garnishee received personal service by the county sheriff
30for all required notices under this chapter, excepted as
31provided in section 642.2, subsection 1, and until notice as
32required by section 642.14A or 642.14B has been served upon the
33defendant in the main action.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
2This bill relates to garnishment proceedings and service of
3a garnishee.
4The bill requires that service upon a garnishee shall be
5made by the sheriff of the county where the judgment was
6entered by personally serving an original notice with a copy
7of the judgment against the defendant, and with a copy of the
8questions specified in Code section 642.5.
9The bill provides that no judgment shall be rendered against
10a garnishee on a pleading which controverts the garnishee’s
11answer until notice of the filing of the controverting pleading
12and of the time and place of trial thereon is personally served
13on the garnishee by the sheriff of the county in which the
14proceeding will be held.
15The bill provides that judgment against a garnishee shall
16not be entered unless the garnishee received personal service
17by the county sheriff for all required notices under Code
18chapter 642.
-2-as/jh
2garnishee.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 642.2, subsection 5, Code 2020, is
2amended to read as follows:
35. Except as provided in subsection 1, service upon the
4garnishee shall be made by serving an original notice with a
5copy of the judgment against the defendant, and with a copy of
6the questions specified in section 642.5, by certified mail
7or by personal service by the sheriff of the county where
8the judgment was entered upon the attorney general, county
9attorney, city attorney, secretary of the school district,
10or legal counsel of the appropriate governmental unit. The
11garnishee shall be required to answer within thirty days
12following receipt of the notice.
13 Sec. 2. Section 642.12, Code 2020, is amended to read as
14follows:
15642.12 Notice of controverting pleadings.
16No judgment shall be rendered against a garnishee on a
17pleading which controverts the garnishee’s answer until notice
18of the filing of the controverting pleading and of the time and
19place of trial thereon is personally served on the garnishee
20for such time and in such manner as the court or judge shall
21order by the sheriff of the county in which the proceeding
22will be held. A garnishee who has been so notified shall not
23be entitled to notice of the filing of amendments or of trial
24thereon.
25 Sec. 3. Section 642.14, Code 2020, is amended to read as
26follows:
27642.14 Notice of garnishment proceedings.
28Judgment against the garnishee shall not be entered unless
29the garnishee received personal service by the county sheriff
30for all required notices under this chapter, excepted as
31provided in section 642.2, subsection 1, and until notice as
32required by section 642.14A or 642.14B has been served upon the
33defendant in the main action.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
2This bill relates to garnishment proceedings and service of
3a garnishee.
4The bill requires that service upon a garnishee shall be
5made by the sheriff of the county where the judgment was
6entered by personally serving an original notice with a copy
7of the judgment against the defendant, and with a copy of the
8questions specified in Code section 642.5.
9The bill provides that no judgment shall be rendered against
10a garnishee on a pleading which controverts the garnishee’s
11answer until notice of the filing of the controverting pleading
12and of the time and place of trial thereon is personally served
13on the garnishee by the sheriff of the county in which the
14proceeding will be held.
15The bill provides that judgment against a garnishee shall
16not be entered unless the garnishee received personal service
17by the county sheriff for all required notices under Code
18chapter 642.
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