642.5 Sheriff may take answers.
314 words·~1 min read·
/ia/chapter-642-garnishment/642-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. When the plaintiff, in writing, directs the sheriff to take the answer of the garnishee, the sheriff shall put to the garnishee the following questions:
[1] Are you in any manner indebted to the defendant in this
suit, or do you owe the defendant money or property which is not
yet due? If so, state the particulars.
[2] Have you in your possession or under your control any
property, rights, or credits of the said defendants? If so, what is the
value of the same? State all particulars.
[3] Do you know of any debts owing the said defendant,
whether due or not due, or any property, rights, or credits belonging
to the defendant and now in the possession or under the control of
others? If so, state the particulars.
[4] Do you compensate the defendant in this suit for
any personal services whether denominated as wages, salary,
commission, bonus or otherwise, including periodic payments
pursuant to a pension or retirement program? If so, state the
amount of the compensation reasonably anticipated to be paid
defendant during the calendar year.
2. The sheriff shall serve to the garnishee the notice of garnishment in the same manner as an original notice by personal service, certified mail service, first class mail, or electronic means. The recipient of the garnishment notice may return service in the same manner as the notice was received. The garnishee shall submit answers within twenty-one days of service.
3. The sheriff conducting the garnishment shall also notify the sheriff of the county where the action is being enforced.
4. The sheriff shall file the answers to the examination within seven business days of receiving the answers.
[C51, §1864, 1865; R60, §3200, 3201; C73, §2980; C97, §3939; C24, 27, 31, 35, 39, §12162; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §642.5]
Referred to in §642.2, 642.14A, 642.21