reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.9 - Entries in foreign county.

626.9 Entries in foreign county.
In case execution is issued to a county other than that in which judgment is rendered, and is levied upon real estate in such county, an entry thereof shall be made upon the encumbrance book of that county by the officer making it, showing the same particulars as are required in case of the attachment of real estate, which shall be bound from the time of such entry.
[R60, §3249; C73, §3031; C97, §3958; S13, §3958; C24, 27, 31, 35, 39, §11656; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.9]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.10 - Duplicate returns and record.

626.10 Duplicate returns and record.
If real estate is sold under said execution the officer shall make return thereof in duplicate, one of which shall be appended to the execution and returned to the court from which it is issued, the other with a copy of the execution to the district court of the county in which the real estate is situated, which shall be filed by the clerk and handled in the same manner as if such judgment had been rendered and execution issued from the court.
[S13, §3958; C24, 27, 31, 35, 39, §11657; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.10]
95 Acts, ch 91, §5
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.11 - Return from foreign county.

626.11 Return from foreign county.
When sent into any county other than that in which the judgment was rendered, return may be made by mail. Money cannot thus be sent, except by direction of the party entitled thereto, or the party’s attorney.
[C51, §1889; R60, §3250; C73, §3032; C97, §3959; C24, 27, 31, 35, 39, §11658; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.11]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.12 - Form of execution.

626.12 Form of execution.
The execution must intelligibly refer to the judgment, stating the time when and place at which it was rendered, the names of the parties to the action as well as to the judgment, its amount, and the amount still to be collected thereon, if for money; if not, it must state what specific act is required to be performed. If it is against the property of the judgment debtor, it shall require the sheriff to satisfy the judgment and interest out of property of the debtor subject to execution.
[C51, §1890; R60, §3251; C73, §3033; C97, §3960; C24, 27, 31, 35, 39, §11659; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.12]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.13 - Property in hands of others.

626.13 Property in hands of others.
If it is against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the sheriff to satisfy the judgment and interest out of such property.
[R60, §3252; C73, §3034; C97, §3961; C24, 27, 31, 35, 39, §11660; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.13]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.14 - Delivery of possession and money recovery.

626.14 Delivery of possession and money recovery.
1. If the judgment requires the delivery of the possession of real or personal property, execution shall require the sheriff to deliver the possession of the property, particularly describing it, to the party entitled to the property, and may, at the same time, require the party to satisfy any costs, damages, or rents and profits, with interest, recovered by the same judgment, out of the property of the party against whom judgment was rendered subject to execution.
2. The value of the property for which judgment was recovered shall be specified in the execution, if a delivery of the property cannot be had, and it shall in that respect be regarded as an execution against property.
[R60, §3253; C73, §3035; C97, §3962; C24, 27, 31, 35, 39, §11661; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.14]
2020 Acts, ch 1063, §331
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.15 - Performance of other acts.

626.15 Performance of other acts.
When it requires the performance of any other act, a certified copy of the judgment may be served on the person against whom it is rendered, or upon the person or officer who is required thereby, or by law, to obey the same, and the person’s obedience thereto enforced.
[R60, §3254; C73, §3036; C97, §3963; C24, 27, 31, 35, 39, §11662; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.15]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.16 - Receipt and return.

626.16 Receipt and return.
Every officer who receives an execution shall provide a receipt, if required, stating the hour when the same was received, and shall make sufficient return of the execution, together with the money collected, on or before the one hundred twentieth day from the date of its issuance.
[R60, §3255; C73, §3037; C97, §3964; C24, 27, 31, 35, 39, §11663; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.16]
2006 Acts, ch 1081, §1; 2006 Acts, ch 1129, §10
Referred to in §642.23
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.17 - Principal and surety — order of liability.

626.17 Principal and surety — order of liability.
The clerk issuing an execution on a judgment against principal and surety shall state in the execution the order of liability recited in the judgment, and the officer serving it shall exhaust the property of the principal first, and of the other defendants in the order of liability thus stated. To obtain the benefits of this section, the order of liability must be recited in the execution, and the officer holding it must separately return thereon the amount collected from the principal debtor and surety.
[C51, §1915; R60, §3258, 3260, 3261, 3303; C73, §3039, 3041, 3042, 3071; C97, §3966; C24, 27, 31, 35, 39, §11665; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.17]
Referred to in §626.18
Analogous provisions, §626.64, and
R.C.P. 1.956
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.18 - Duty to point out property.

626.18 Duty to point out property.
Each person subsequently liable shall, if requested by the officer, point out property owned by the party liable, before that person, to obtain the benefits of the provision of section 626.17.
[R60, §3259; C73, §3040; C97, §3966; C24, 27, 31, 35, 39, §11666; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.18]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.19 - Surety subrogated.

626.19 Surety subrogated.
When the principal and surety are liable for any claim, such surety may pay the same, and recover thereon against all liable to the surety. If a judgment against principal and surety has been paid by the surety, the surety shall be subrogated to all the rights of the creditor, and may take an assignment thereof, and enforce the same by execution or otherwise, as the creditor could have done. All questions between the parties thereto may be heard and determined on motion by the court upon such notice as may be prescribed by it.
[C97, §3967; C24, 27, 31, 35, 39, §11667; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.19]
See
R.C.P. 1.982
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.20 - Entry on encumbrance book.

626.20 Entry on encumbrance book.
If real estate is levied upon, except by virtue of a special execution issued in cases foreclosing recorded liens, the officer making the levy shall make an entry in the encumbrance book in the office of the clerk of the district court of the county where the real estate is located, which entry shall constitute notice to all persons of such levy. Such entry shall contain the number and title of the case, date of levy, date of the entry, amount claimed, description of the real estate levied upon, and signature of the officer.
[C31, 35, §11668-c1; C39, §11668.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.20]
Analogous provision, §639.28
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.21 - Choses in action.

626.21 Choses in action.
Judgments, money, bank bills, and other things in action may be levied upon, and sold or appropriated thereunder, and an assignment thereof by the officer shall have the same effect as if made by the defendant.
[C51, §1893; R60, §3272; C73, §3046; C97, §3971; C24, 27, 31, 35, 39, §11672; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.21]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.22 - Levy on judgment.

626.22 Levy on judgment.
The levy upon a judgment shall be made by entering upon the judgment docket a memorandum of such fact, giving the names of the parties plaintiff and defendant, the court from which the execution issued, and the date and hour of such entry, which shall be signed by the officer serving the execution, and a return made on the execution of the officer’s doings in the premises.
[C97, §3971; C24, 27, 31, 35, 39, §11673; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.22]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.23 - Persons indebted may pay officer.

626.23 Persons indebted may pay officer.
After the rendition of judgment, any person indebted to the defendant in execution may pay to the sheriff the amount of such indebtedness, or so much thereof as is necessary to satisfy the execution, and the person’s receipt shall be a sufficient discharge therefor.
[C51, §1894; R60, §3273; C73, §3047; C97, §3972; C24, 27, 31, 35, 39, §11674; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.23]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.24 - Levy against municipal corporation — tax.

626.24 Levy against municipal corporation — tax.
If no property of a municipal corporation against which execution has issued can be found, or if the judgment creditor elects not to issue execution against such corporation, a tax must be levied as early as practicable to pay off the judgment. When a tax has been so levied and any part thereof shall be collected, the treasurer of such corporation shall pay the same to the clerk of the court in which the judgment was rendered, in satisfaction thereof.
[C51, §1896; R60, §3275; C73, §3049; C97, §3973; C24, 27, 31, 35, 39, §11675; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.24]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.25 - Unsecured interest in hands of third persons.

626.25 Unsecured interest in hands of third persons.
Any interest which is not represented by a security as defined in the uniform commercial code, section 554.8102, owned by the defendant in any company or corporation, and also debts due the defendant and property of the defendant in the hands of third persons, may be levied upon in the manner provided for attaching the same.
[C51, §1892; R60, §3269; C73, §3050; C97, §3974; C24, 27, 31, 35, 39, §11676; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.25]
Garnishment, chapter 642
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.26 - Garnishment.

626.26 Garnishment.
Property of the defendant in the possession of another, or debts due the defendant, may be reached by garnishment.
[R60, §3270; C73, §3051; C97, §3975; C24, 27, 31, 35, 39, §11677; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.26]
Garnishment, chapter 642
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.27 - Expiration or return of execution.

626.27 Expiration or return of execution.
Proceedings by garnishment on execution shall not be affected by its expiration or its return.
[R60, §3271; C73, §3052; C97, §3976; C24, 27, 31, 35, 39, §11678; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.27]
Garnishment, chapter 642
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.28 - Return of garnishment — action docketed.

626.28 Return of garnishment — action docketed.
Where parties have been garnished under it, the officer shall return to the clerk of court a copy of the execution with all the officer’s doings thereon, so far as they relate to the garnishments, and the clerk shall docket an action thereon without fee, and thereafter the proceedings shall conform to proceedings in garnishment under attachments as nearly as may be.
[R60, §3271; C73, §3052; C97, §3976; C24, 27, 31, 35, 39, §11679; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.28]
Garnishment, chapter 642
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.29 - Distress warrant by director of revenue, director of inspections and appeals, or director of workforce development.

626.29 Distress warrant by director of revenue, director of inspections and appeals, or director of workforce development.
In the service of a distress warrant issued by the director of revenue for the collection of taxes administered by or debts to be collected by the department of revenue, in the service of a distress warrant issued by the director of inspections and appeals for the collection of overpayment debts owed to the department of human services, or in the service of a distress warrant issued by the director of the department of workforce development for the collection of employment security contributions, the property of the taxpayer or the employer in the possession of another, or debts due the taxpayer or the employer, may be reached by garnishment.
[C39, §11679.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.29; 81 Acts, ch 192, §1]
93 Acts, ch 53, §3; 94 Acts, ch 1165, §41; 96 Acts, ch 1186, §23; 2003 Acts, ch 145, §286
Garnishment, chapter 642
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.30 - Expiration or return of distress warrant.

626.30 Expiration or return of distress warrant.
Proceedings by garnishment under a distress warrant issued by the director of revenue or the director of inspections and appeals shall not be affected by the expiration or return of the warrant.
[C39, §11679.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.30]
93 Acts, ch 53, §4; 2003 Acts, ch 145, §286; 2019 Acts, ch 24, §84
Garnishment, chapter 642
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.31 - Return of garnishment — action docketed — distress action.

626.31 Return of garnishment — action docketed — distress action.
Where parties have been garnished under a distress warrant issued by the director of revenue or the director of inspections and appeals, the officer shall make return thereof to the court in the county where the garnishee lives, if the garnishee lives in Iowa, otherwise in the county where the taxpayer resides, if the taxpayer lives in Iowa; and if neither the garnishee nor the taxpayer lives in Iowa, then to the district court in Polk county, Iowa; the officer shall make return in the same manner as a return is made on a garnishment made under a writ of execution so far as they relate to garnishments, and the clerk of the district court shall docket an action thereon without fee the same as if a judgment had been recovered against the taxpayer in the county where the return is made, an execution issued thereon, and garnishment made thereunder, and thereafter the proceedings shall conform to proceedings in garnishment under attachments as nearly as may be. The warrant shall be considered in all respects as a final judgment.
[C39, §11679.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.31]
93 Acts, ch 53, §5; 2003 Acts, ch 145, §286; 2021 Acts, ch 86, §35
Garnishment, chapter 642
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.32 - Joint or partnership property.

626.32 Joint or partnership property.
When an officer has an execution against a person who owns property jointly or in common with another, such officer may levy on and take possession of the property owned jointly or in common, sufficiently to enable the officer to appraise and inventory the same, and for that purpose shall call to the officer’s assistance three disinterested persons, which inventory and appraisement shall be returned by the officer with the execution, and shall state in the officer’s return who claims to own the property.
[C51, §1917; R60, §3287; C73, §3053; C97, §3977; C24, 27, 31, 35, 39, §11680; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.32]
Analogous provisions, §639.37 et seq.
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.33 - Lien — equitable proceeding — receiver.

626.33 Lien — equitable proceeding — receiver.
The plaintiff shall, from the time such property is so levied on, have a lien on the interest of the defendant therein, and may commence an action by equitable proceedings to ascertain the nature and extent of such interest and to enforce the lien; and, if deemed necessary or proper, the court may appoint a receiver under the circumstances provided in the chapter relating to receivers.
[R60, §3289 – 3291; C73, §3054; C97, §3978; C24, 27, 31, 35, 39, §11681; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.33]
Receivers, chapter 680
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.34 - Personal property subject to security interest — payment.

626.34 Personal property subject to security interest — payment.
Personal property subject to a security interest not exempt from execution may be taken on attachment or execution issued against the debtor, if the officer, or the attachment or execution creditor, within ten days after such levy, shall pay to the secured party the amount of the secured debt and interest accrued, or deposit the same with the clerk of the district court of the county from which the attachment or execution issued, for the use of the secured party, or secure the same as in this chapter provided.
[C97, §3979; C24, 27, 31, 35, 39, §11682; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.34]
Applicable to attachments, §639.40
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.35 - Interest on secured debt.

626.35 Interest on secured debt.
When the secured debt is not due as shown by the security agreement, the officer or the attachment or execution creditor, must also pay or deposit with the clerk interest on the principal sum at the rate specified in the security agreement for the term of sixty days from the date of the deposit, unless the debt secured falls due in a less time, in which case interest shall be deposited for such shorter period.
[C97, §3980; C24, 27, 31, 35, 39, §11683; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.35]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.36 - Failure to pay, deposit, or give security.

626.36 Failure to pay, deposit, or give security.
If within ten days after such levy the attachment or execution creditor does not pay the amount, make the deposit, or give the security required, the levy shall be discharged, and the property restored to the possession of the person from whom it was taken and the creditor shall be liable to the secured party for any damages sustained by reason of such levy.
[C97, §3981; C24, 27, 31, 35, 39, §11684; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.36]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.37 - Creditor subrogated.

626.37 Creditor subrogated.
When such sum is paid to the secured party or deposited with the clerk, the attachment or execution creditor shall be subrogated to all the rights of such holder, and the proceeds of the sale of the collateral shall be first applied to the discharge of such indebtedness and the costs incurred under the writ of attachment or execution.
[C97, §3982; C24, 27, 31, 35, 39, §11685; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.37]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.38 - Holder reinstated.

626.38 Holder reinstated.
If, for any reason, the levy upon the collateral is discharged or released without a sale thereof, the attachment or execution creditor who has paid or deposited the amount of the secured debt shall have all the rights under such security agreement possessed by the secured party at the time of the levy. If the secured party thereof desires to be reinstated in the party’s rights thereunder, the party may repay the money received by the party, with interest thereon at the rate borne by the secured debt for the time it has been held by the party, and demand the return of the security agreement, whereupon the party’s rights thereunder shall revest in the party, and the attachment or execution creditor shall be entitled to the deposit made, or any part thereof remaining in the hands of the clerk, or any money returned to the clerk by the secured party.
[C97, §3983; C24, 27, 31, 35, 39, §11686; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.38]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.39 - Statement of amount due.

626.39 Statement of amount due.
The secured party, before receiving the money tendered to the party by the attaching or execution creditor or which was deposited with the clerk, shall state by a signed memorandum the amount due or to become due and deliver the same along with the security agreement, unless it has been filed as the financing statement, to the person paying the said amount or the clerk with whom the deposit is made, and the secured party shall only receive the amount so stated to be due, and the surplus, if any, shall be returned to the person making the deposit.
[C97, §3984; C24, 27, 31, 35, 39, §11687; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.39]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.40 - Indemnifying bond.

626.40 Indemnifying bond.
When the attaching or execution creditor thus pays or deposits the amount of the claim under the security agreement, the creditor shall not be required to give an indemnifying bond on notice to the sheriff by the holder of the security agreement of the holder’s right to the property thereunder, or if one has been given, it shall be released.
[C97, §3985; C24, 27, 31, 35, 39, §11688; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.40]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.41 - Sale — costs — surplus.

626.41 Sale — costs — surplus.
If under execution sale the collateral does not sell for enough to pay the secured debt, interest, and costs of sale, the judgment creditor shall be liable for all costs thus made, but if a greater sum is realized, the officer conducting the sale shall at once pay to the secured party the amount due thereunder, and apply the surplus on the execution.
[C97, §3986; C24, 27, 31, 35, 39, §11689; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.41]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.42 - Statement of indebtedness.

626.42 Statement of indebtedness.
For the purpose of enabling the attaching or execution creditor to determine the amount to be tendered or deposited to hold the levy under the writ of attachment or execution, the person entitled to receive payment of the secured debt shall deliver to any such person, upon written demand therefor, a statement in writing under oath, showing the nature and amount of the original debt, the date and the amount of each payment, if any, which has been made thereon, and an itemized statement of the amount then due and unpaid.
[C97, §3987; C24, 27, 31, 35, 39, §11690; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.42]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.43 - Contest as to validity or amount.

626.43 Contest as to validity or amount.
If the right of the secured party to receive such or any sum is for any reason questioned by the levying creditor, the party may, within ten days after levy, or after demand is made for a statement of the amount due as above provided, commence an action in equity or contest such right upon filing a bond in a penalty double the amount of such security interest, or double the value of the property levied upon, conditioned either for the payment of any sum found due on said security interest to the person entitled thereto, or for the value of the property levied upon, as the party ordering the levy may elect, with sureties to be approved by the clerk.
[C97, §3988; S13, §3988; C24, 27, 31, 35, 39, §11691; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.43]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.44 - Nonresident — service — transfer of action.

626.44 Nonresident — service — transfer of action.
If such secured party is a nonresident or the party’s residence is unknown, service may be made by publication as in other actions, but if such residence becomes known before final submission, the court may order personal service to be made. If commenced at law, the court may transfer the same to the equity side as in other cases.
[C97, §3988; S13, §3988; C24, 27, 31, 35, 39, §11692; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.44]
Service by publication,
R.C.P. 1.310
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.45 - Receiver — decree — costs.

626.45 Receiver — decree — costs.
The court may appoint a receiver, and shall determine the amount due on the security agreement, the value of the property levied upon, and all other questions properly presented, and may continue and preserve or dismiss the lien of the levy, the costs to be taxed to the losing party as in other cases.
[C97, §3988; S13, §3988; C24, 27, 31, 35, 39, §11693; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.45]
Costs, chapter 625
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.46 - Various security agreements — priority.

626.46 Various security agreements — priority.
If there are two or more security agreements, the creditor may admit the validity of one or more, and make the required deposit as to such, and contest the other, and where there are two or more such security agreements, each of which is questioned, a failure to establish the invalidity of all shall not defeat the rights of the levying creditor, but in such case the decree shall determine the priority of liens, and direct the order of payment out of the proceeds of the property which shall be sold under special execution to be awarded in said cause.
[C97, §3988; S13, §3988; C24, 27, 31, 35, 39, §11694; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.46]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.47 - Other remedies.

626.47 Other remedies.
Nothing in this chapter contained shall be construed to forbid or in any way affect the right of a creditor to contest in any other way the validity of any security agreement.
[C97, §3988; S13, §3988; C24, 27, 31, 35, 39, §11695; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.47]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.48 - Failure to make statement — effect.

626.48 Failure to make statement — effect.
A failure to make the statement, when required as above provided, shall have the effect to postpone the priority of the security interest and give the levy of the writ of attachment or execution priority over the claim of the holder thereof.
[C97, §3989; C24, 27, 31, 35, 39, §11696; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.48]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.49 - Where secured party garnished.

626.49 Where secured party garnished.
If the secured party, before the levy of a writ of attachment or execution, has been garnished at the suit of a creditor of a debtor, a creditor desiring to seize the collateral under a writ of attachment or execution shall pay to the secured party, or deposit with the clerk, in addition to the secured debt, the sum claimed under the garnishment, and the provisions of this chapter, so far as applicable, in all respects shall govern proceedings relating thereto.
[C97, §3990; C24, 27, 31, 35, 39, §11697; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.49]
Garnishment, chapter 642
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.50 - Duty to levy — notice of ownership or exemption — notice to defendant.

626.50 Duty to levy — notice of ownership or exemption — notice to defendant.
1. An officer is bound to levy an execution on any personal property in the possession of, or that the officer has reason to believe belongs to, the defendant, or on which the plaintiff directs the officer to levy, after having received written instructions for the levy from the plaintiff or the attorney who had the execution issued to the sheriff, unless the officer has received notice in writing under oath from some other person, or that person’s agent or attorney, that the property belongs to the person, stating the nature of the person’s interests in the property, how and from whom the person acquired the property, and the consideration paid for the property; or from the defendant, that the property is exempt from execution.
2. a. The officer making the levy in subsection 1 shall promptly serve written notice of the levy on the defendant. The notice shall be served in the same manner as provided for original notice.
b. This subsection is not applicable to garnishment proceedings.
[C51, §1916; R60, §3277; C73, §3055; C97, §3991; C24, 27, 31, 35, 39, §11698; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.50]
88 Acts, ch 1062, §1; 88 Acts, ch 1133, §3; 92 Acts, ch 1092, §1; 2015 Acts, ch 79, §1
Applicable to attachments, §639.41
Garnishment proceedings, see chapter 642
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.51 - Failure to give notice — effect.

626.51 Failure to give notice — effect.
Failure to give notice of ownership or exemption shall not deprive the party of any other remedy.
[C97, §3991; C24, 27, 31, 35, 39, §11699; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.51]
2016 Acts, ch 1073, §166
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.52 - Right to release levy.

626.52 Right to release levy.
If after levy the officer receives notice of ownership or exemption, such officer may release the property unless a bond is given as provided in section 626.54.
[C51, §1916; R60, §3277; C73, §3055; C97, §3991; C24, 27, 31, 35, 39, §11700; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.52]
2016 Acts, ch 1073, §167
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.53 - Exemption from liability.

626.53 Exemption from liability.
The officer shall be protected from all liability by reason of such levy until the officer receives written notice of ownership or exemption.
[C51, §1916; R60, §3277; C73, §3055; C97, §3991; C24, 27, 31, 35, 39, §11701; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.53]
2016 Acts, ch 1073, §168
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.54 - Indemnifying bond — sale and return.

626.54 Indemnifying bond — sale and return.
When the officer receives notice of ownership or exemption, the officer may forthwith give the plaintiff, the plaintiff’s agent, or attorney, notice that an indemnifying bond is required. Bond may be given by or for the plaintiff, with one or more sufficient sureties, to be approved by the officer, to the effect that the obligors will indemnify the officer against the damages which the officer may sustain in consequence of the seizure or sale of the property, and will pay to any claimant the damages the claimant may sustain in consequence of the seizure or sale, and will warrant to any purchaser of the property such estate or interest therein as is sold. After the bond has been given and approved, the officer shall proceed to subject the property to the execution, and shall return the indemnifying bond to the court from which the execution issued.
[R60, §3277; C73, §3056; C97, §3992; C24, 27, 31, 35, 39, §11702; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.54]
2016 Acts, ch 1073, §169
Referred to in §626.52
Applicable to attachments, §639.41
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.55 - Failure to give bond.

626.55 Failure to give bond.
If such bond is not given, the officer may refuse to levy, or if the officer has done so, and the bond is not given in a reasonable time after it is required by the officer, the officer may restore the property to the person from whose possession it was taken, and the levy shall stand discharged.
[R60, §3278; C73, §3057; C97, §3993; C24, 27, 31, 35, 39, §11703; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.55]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.56 - Application of proceeds.

626.56 Application of proceeds.
Where property for the sale of which the officer is indemnified sells for more than enough to satisfy the execution under which it was taken, the surplus shall be paid into the court to which the indemnifying bond is directed to be returned. The court may order such disposition or payment of the money to be made, temporarily or absolutely, as may be proper in respect to the rights of the parties interested.
[R60, §3280; C73, §3059; C97, §3994; C24, 27, 31, 35, 39, §11704; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.56]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.58 - Stay of execution — exceptions.

626.58 Stay of execution — exceptions.
On all judgments for the recovery of money, except those rendered on any appeal or writ of error, or in favor of a laborer or mechanic for wages, or against one who is surety in the stay of execution, or against any officer, person, or corporation, or the sureties of any of them, for money received in a fiduciary capacity, or for the breach of any official duty, there may be a stay of execution, if the defendant therein shall, within ten days from the entry of judgment, procure one or more sufficient freehold sureties to enter into a bond, acknowledging themselves security for the defendant for the payment of the judgment, interest, and costs from the time of rendering judgment until paid, as follows:
1. If the sum for which judgment was rendered, inclusive of costs, does not exceed one hundred dollars, three months.
2. If such sum and costs exceed one hundred dollars, six months.
[R60, §3293; C73, §3061; C97, §3996; C24, 27, 31, 35, 39, §11706; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.58]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.59 - Affidavit of surety.

626.59 Affidavit of surety.
Officers approving stay bonds shall require the affidavit of the signers thereof, unless waived in writing by the party in whose favor the judgment is rendered, that they own property not exempt from execution, and aside from encumbrance, to the value of twice the amount of the judgment.
[C73, §3062; C97, §3997; C24, 27, 31, 35, 39, §11707; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.59]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.60 - Stay waives appeal.

626.60 Stay waives appeal.
No appeal shall be allowed after a stay of execution has been obtained.
[R60, §3294; C73, §3063; C97, §3998; C24, 27, 31, 35, 39, §11708; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.60]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.61 - Bond — approval — recording — effect.

626.61 Bond — approval — recording — effect.
The sureties for stay of execution may be taken and approved by the clerk, and the bond shall be recorded in a book kept for that purpose, and have the force and effect of a judgment confessed from the date thereof against their property, and shall be indexed in the proper judgment docket, as in case of other judgments.
[R60, §3295, 3298; C73, §3064; C97, §3999; C24, 27, 31, 35, 39, §11709; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.61]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.62 - Execution recalled.

626.62 Execution recalled.
When the bond is accepted and approved after execution has been issued, the clerk shall immediately notify the sheriff of the stay, and the officer shall forthwith return the execution with the officer’s doings thereon.
[R60, §3296; C73, §3065; C97, §4000; C24, 27, 31, 35, 39, §11710; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.62]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.63 - Property released.

626.63 Property released.
All property levied on before stay of execution, and all written undertakings for the delivery of personal property to the sheriff, shall be relinquished by the officer, upon stay of execution being entered.
[R60, §3297; C73, §3066; C97, §4001; C24, 27, 31, 35, 39, §11711; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.63]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.64 - Execution against principal and sureties.

626.64 Execution against principal and sureties.
At the expiration of the stay, the clerk shall issue a joint execution against the property of all the judgment debtors and sureties, describing them as debtors or sureties therein, and the liability of such sureties shall be subject to that of their principal as provided in this chapter.
[R60, §3299; C73, §3067; C97, §4002; C24, 27, 31, 35, 39, §11712; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.64]
Analogous provisions, §626.17,
R.C.P. 1.956
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.65 - Objections by surety.

626.65 Objections by surety.
When any court shall render judgment against two or more persons, any of whom is surety for any other in the contract on which judgment is founded, there shall be no stay of execution allowed, if the surety objects thereto at or before the time of rendering the judgment, whereupon it shall be ordered by the court that there be no stay, unless the surety for the stay of execution will undertake specifically to pay the judgment in case the amount thereof cannot be levied of the principal defendant, and the judgment shall recite that the liability of such stay is prior to that of the objecting surety.
[R60, §3300; C73, §3068; C97, §4003; C24, 27, 31, 35, 39, §11713; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.65]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.66 - Stay terminated by surety.

626.66 Stay terminated by surety.
Any surety for the stay of execution may file with the clerk an affidavit, stating that the surety verily believes the surety will be compelled to pay the judgment, interest, and costs thereon unless execution issues immediately, and gives notice thereof in writing to the party for whom the surety is surety; and the clerk shall thereupon issue execution forthwith, unless other sufficient surety be entered before the clerk within five days after such notice is given as in other cases.
[R60, §3301; C73, §3069; C97, §4004; C24, 27, 31, 35, 39, §11714; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.66]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.67 - Other security given.

626.67 Other security given.
If other sufficient surety is given, it shall have the force of the original surety entered before the filing of the affidavit, and shall discharge the original surety.
[R60, §3302; C73, §3070; C97, §4005; C24, 27, 31, 35, 39, §11715; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.67]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.68 - Lien not released.

626.68 Lien not released.
Where a stay of execution has been taken, such confessed judgment shall not release any judgment lien by virtue of the original judgment for the amount then due.
[R60, §3303; C73, §3071; C97, §4006; C24, 27, 31, 35, 39, §11716; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.68]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.69 - Labor or wage claims preferred.

626.69 Labor or wage claims preferred.
When the property of any company, corporation, firm, or person shall be seized upon by any process of any court, or placed in the hands of a receiver, trustee, or assignee, or seized by the action of creditors, for the purpose of paying or securing the payment of the debts of such company, corporation, firm, or person, the debts, or wages as defined under section 91A.2, subsection 7, owing to all laborers or employees other than officers of such companies, for labor or work performed or services rendered within six months preceding the seizure or transfer of such property, shall be considered and treated as a preferred debt and paid in full, or if there are insufficient funds realized from such property to pay the same in full, then, after the payment of costs, ratably out of the funds remaining.
[C97, §4019; S13, §4019; C24, 27, 31, 35, 39, §11717; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.69]
2006 Acts, ch 1025, §1
Referred to in §626.71, 626.76, 680.7
Labor or wage claims preferred, §633.425, 680.7, 681.13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.70 - Exceptions.

626.70 Exceptions.
Such preference shall be junior and inferior to mechanics’ liens for labor in opening and developing coal mines.
[C97, §4019; S13, §4019; C24, 27, 31, 35, 39, §11718; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.70]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.71 - Statement of claim — allowance.

626.71 Statement of claim — allowance.
Any employee desiring to enforce a claim for wages, at any time after the seizure of the property under execution or writ of attachment or under any other authority, and before sale thereof is ordered, shall present to the officer levying on such property or to such receiver, trustee, or assignee, or to the court having custody of such property or from which such process issued, or person charged with such property, a statement under oath, showing the amount due after allowing all just credits and setoffs, and the kind of work for which such wages are due, and when performed; and unless objection be made thereto as provided in section 626.72, such claim shall be allowed and paid to the person entitled thereto, after first paying all costs occasioned by the proceeding out of the proceeds of the sale of the property so seized or placed in the hands of a receiver, trustee, or assignee, or court, or person charged with the same, subject, however, to the provisions of section 626.69.
[C97, §4020; S13, §4020; C24, 27, 31, 35, 39, §11719; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.71]
Referred to in §626.76
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.72 - Contest.

626.72 Contest.
Any person interested may contest any claim or part thereof by filing objections thereto, supported by affidavit, with such court, receiver, trustee, or assignee, and its validity shall be determined in the same way the validity of other claims are which are sought to be enforced against such property, provided that where the claim is filed with a person charged with the property other than the officers above enumerated and a contest is made, the cause shall be transferred to the district court, and there docketed and determined.
[C97, §4021; S13, §4021; C24, 27, 31, 35, 39, §11720; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.72]
Referred to in §626.71
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.73 - Priority.

626.73 Priority.
Claims of employees for labor or wages, if not contested, or if allowed after contest, shall have priority, unless otherwise stated in this chapter, over all claims against or liens upon such property, except prior mechanics’ liens for labor in opening or developing coal mines as allowed by law.
[C97, §4022; C24, 27, 31, 35, 39, §11721; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.73]
2006 Acts, ch 1025, §2
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.74 - Notice of sale.

626.74 Notice of sale.
The officer must give four weeks’ notice of the time and place of selling real property, and three weeks’ notice of personal property.
[C51, §1905; R60, §3310; C73, §3079; C97, §4023; C24, 27, 31, 35, 39, §11722; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.74]
Referred to in §626.77
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.75 - Posting and publication — compensation.

626.75 Posting and publication — compensation.
Notice shall be posted in at least three public places of the county, one of which shall be at the county courthouse. In addition to which, in case of the sale of real estate, or where personal property with a value of two hundred dollars or greater is to be sold, there shall be two weekly publications of such notice in some newspaper printed in the county, to be selected by the party causing the notice to be given, the first at least four weeks in the case of real estate, or three weeks in the case of personal property, before the date of sale, and the second at a later time before the date of sale. The compensation for such publication shall be the same as is provided by law for legal notices.
[C51, §1906; R60, §3311; C73, §3080; C97, §4024; S13, §4024; C24, 27, 31, 35, 39, §11723; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.75]
90 Acts, ch 1058, §1
Referred to in §626.77
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 626 - EXECUTION › Section 626.76 - Labor commissioner to represent.

626.76 Labor commissioner to represent.
The labor commissioner, appointed pursuant to section 91.2, may, at the labor commissioner’s discretion, represent laborers or employees seeking payment for labor or wage claims from the receiver, trustee, or assignee, or the court, or the person charged with the property, in accordance with and subject to the provisions of sections 626.69 and 626.71.
2006 Acts, ch 1024, §1, 2