Iowa > Statewide > District Court > Small Claims
Notice Of Garnishment 3.19 - Iowa
| Notice Of Garnishment Form. This is a Iowa form and can be used in Small Claims District Court Statewide . |
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Form 3.19: Notice of Garnishment In the Iowa District Court for ________________ County Plaintiff(s) ________________________________________ (Name) Notice of Garnishment Small Claim No. _____________________ ________________________________________ (Name) vs. Defendant(s) ________________________________________ (Name) If you need assistance to participate in court due to a disability, call the disability coordinator at _________________. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-7352942). Disability coordinators cannot provide legal advice. ________________________________________ (Name) 1. You are notified that a Garnishment was issued based on a judgment against you and the Garnishment was served on _________________________________________________________________, who has admitted to be in possession of your property or is indebted to you. 2. You are further notified that to contest the Garnishment you must file a Motion to Quash, Answer, Affidavit of Exemption, or other appropriate pleading within 10 days from the date this Notice was served on you. Your motion, Answer, or pleading must explain why you think these funds are exempt from execution under state or federal law. Some examples of exempt funds may include social security benefits, public assistance, county assistance, veteran's benefits, and unemployment compensation. These are examples only and not intended as a complete list. If you do not contest the Garnishment, a court order will be entered condemning the funds and the funds will be applied against the judgment. 3. Any Motion to Quash, Answer, Affidavit of Exemption, or other pleading that you file to contest the Garnishment must be filed in the office of the Clerk of the District Court located at ______________________________________. If you file to contest the Garnishment, the court may set a prompt hearing, in which case you will be notified of the hearing. If the court sets a hearing, you should be ready to explain to the judge why you believe your property is exempt from the Garnishment. 4. Iowa Code section 642.14 requires that you be told the exact language of Iowa Code section 630.3A. That section reads: At any time after the rendition of judgment the court, upon application of the judgment creditor or the judgment debtor and upon notice to the adverse party as the court shall direct, shall conduct a hearing to determine the reasonably expected annual earnings of the judgment debtor for the current calendar year and the applicable limitation upon garnishment as provide in Section 642.21. The court shall also consider in the interest of justice whether a greater amount than provided in Section 642.21 shall be exempt from garnishment. In making the determination, the court shall consider the age, number and circumstances of the dependents of the debtor, existing federal poverty level guidelines, the debtor's maintenance and support needs, the debtor's other financial obligations, and any other relevant information. An order reducing the garnishment may be modified or vacated upon the application of a party to the court, notice to the adverse party, and a showing at a hearing of changed circumstances. An additional filing fee shall not be assessed for proceedings under this section. You may wish to consult a lawyer for advice as to the meaning of this notice. ____________________________________ Judgment Creditor's signature ____________________________________ Judgment Creditor's signature ____________________________________ Printed name ____________________________________ Printed name ____________________________________ Mailing address ____________________________________ Mailing address ____________________________________ ____________________________________ Phone # ____________________________________ ____________________________________ Phone # ____________________________________ Email address ____________________________________ Email address American LegalNet, Inc. www.FormsWorkFlow.com
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