Iowa Code 642.22 – Validity of garnishment notice — duty to monitor account
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1. A notice of garnishment served upon a garnishee is effective without serving another notice until the earliest of the following:
a. The annual maximum permitted to be garnished under section 642.21 has been withheld.
b. The writ of execution expires.
c. The judgment is satisfied.
d. The garnishment is released by the sheriff at the request of the plaintiff or the plaintiff’s attorney.
Terms Used In Iowa Code 642.22
- 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
- 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
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- property: includes personal and real property. See Iowa Code 4.1
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
2. A supervised financial organization, as defined in section 537.1301, subsection 45, which is garnished for an account of a defendant, after paying the sheriff any amounts then in the account, shall monitor the account for any additional amounts at least monthly while the garnishment notice is effective.
3. Expiration of the execution does not affect a garnishee’s duties and liabilities respecting property already withheld pursuant to the garnishment.