Iowa Code 639.34 – Examination of defendant
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Terms Used In Iowa Code 639.34
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- property: includes personal and real property. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
639.34 Examination of defendant.
Whenever it appears by the affidavit of the plaintiff, or by the return of the attachment, that no property is known to the plaintiff or the officer on which the attachment can be executed, or not enough to satisfy the plaintiff’s claim, and it being shown to the court by affidavit that the defendant has property within the state not exempt, the defendant may be required to attend before the court in which the action is pending, or a commissioner appointed for that purpose, and give information on oath respecting the defendant’s property.
[R60, §3189; C73, §2968; C97, §3901; C24, 27, 31, 35, 39, §12110; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, §639.34]
Whenever it appears by the affidavit of the plaintiff, or by the return of the attachment, that no property is known to the plaintiff or the officer on which the attachment can be executed, or not enough to satisfy the plaintiff’s claim, and it being shown to the court by affidavit that the defendant has property within the state not exempt, the defendant may be required to attend before the court in which the action is pending, or a commissioner appointed for that purpose, and give information on oath respecting the defendant’s property.
[R60, §3189; C73, §2968; C97, §3901; C24, 27, 31, 35, 39, §12110; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, §639.34]