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    Notice of Garnishment Sample

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    Emily Airhart

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    © All Rights Reserved
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    Notice of Garnishment Sample

    Uploaded by

    Emily Airhart
    4 views2 pages

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    © © All Rights Reserved

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    Copyright:

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    Download as doc, pdf, or txt
    4 views2 pages

    Notice of Garnishment Sample

    Uploaded by

    Emily Airhart

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    IOWA DISTRICT COURT IN AND FOR ____________ COUNTY

    SMALL CLAIMS DIVISION

    THE CITY OF ____________ )


    )
    Plaintiff, ) NO. SCSC ______
    -vs.- )
    ) NOTIC OF GARNISHMENT
    _______________________ )
    _______________________ )
    _______________________ )
    )
    Defendant. )

    TO THE ABOVE NAMED DEFENDANT:

    YOU ARE HEREBY NOTIFIED that a Garnishment was issued based upon a Judgment against you
    and the Garnishment was served on _______________, _______________, ___________, Iowa who has
    answered that it is indebted to you.

    YOU ARE FURTHER NOTIFIED that unless you file a Motion or Answer or other appropriate
    pleading to contest the Garnishment within ten (10) days from the Date this Notice was served upon
    you explaining why you think these funds are exempt from execution under state or federal law, a Court
    Order will be entered condemning the funds and that the funds will be applied against the Judgment.
    Some examples of exempt funds may include social security benefits A.F.D.C., general assistance,
    veteran’s benefits and unemployment compensation. These examples are not a complete list.

    ANY Motion or Answer or other pleading that you file to contest the Garnishment must be filed
    in the office of the Clerk of the ____________ County District Court (small claims division) at the
    ____________ County Courthouse located at ____________. If you file to contest the garnishment a
    prompt hearing will be set and you will be notified of the hearing. At the hearing you should be ready to
    explain to the Judge why you believe your property is exempt from the Garnishment.

    Section 642.14 of the Iowa Code requires that you be told the exact language of Section 630.3A
    of the Iowa Code. 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 of 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 provided 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 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 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.

    _______________________________________
    City Attorney Name
    Address and Contact Info
    ATTORNEY FOR PLAINTIFF

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