Iowa Code 626.31 – Return of garnishment — action docketed — distress action
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Terms Used In Iowa Code 626.31
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Docket: A log containing brief entries of court proceedings.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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, appeals, and licensing, 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; 2023 Acts, ch 19, §2036
Garnishment, chapter 642
Section amended
Where parties have been garnished under a distress warrant issued by the director of revenue or the director of inspections, appeals, and licensing, 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; 2023 Acts, ch 19, §2036
Garnishment, chapter 642
Section amended