Iowa Code 639.9 – For debts not due — grounds
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 639.9
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- 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
639.9 For debts not due — grounds.
The property of a debtor may be attached on debts not due, when nothing but time is wanting to fix an absolute indebtedness, and when the petition, in addition to that fact, states one or more of the following grounds:
1. That the defendant is about to dispose of the defendant’s property with intent to defraud the defendant’s creditors.
2. That the defendant is about to remove or has removed from the state, and refuses to secure the payment of the debt when it falls due, and which removal or contemplated removal was not known to the plaintiff at the time the debt was contracted.
3. That the defendant has disposed of the defendant’s property in whole or in part with intent to defraud the defendant’s creditors.
4. That the debt was incurred for property obtained under false pretenses.
[C51, §1852; R60, §3178; C73, §2956; C97, §3883; C24, 27, 31, 35, 39, §12086; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, §639.9]
The property of a debtor may be attached on debts not due, when nothing but time is wanting to fix an absolute indebtedness, and when the petition, in addition to that fact, states one or more of the following grounds:
1. That the defendant is about to dispose of the defendant’s property with intent to defraud the defendant’s creditors.
2. That the defendant is about to remove or has removed from the state, and refuses to secure the payment of the debt when it falls due, and which removal or contemplated removal was not known to the plaintiff at the time the debt was contracted.
3. That the defendant has disposed of the defendant’s property in whole or in part with intent to defraud the defendant’s creditors.
4. That the debt was incurred for property obtained under false pretenses.
[C51, §1852; R60, §3178; C73, §2956; C97, §3883; C24, 27, 31, 35, 39, §12086; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, §639.9]