Iowa Wage Garnishment Rules

Garnishments last for seventy days. The maximum part of an individual's aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of:

1. 25% of the disposable earnings; or

2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage.

There is a sliding scale per creditor (not per judgment) ranging from $250 to 10% of annual wages, depending on annual wages.

Public employees can be garnisheed.

Iowa Procedural Requirements

Property of the defendant in the possession of another, or debts due him, may be reached by garnishment. Iowa Code Ann. _ 626.26. When the plaintiff, in writing, directs the sheriff to take the answer of the garnishee, the sheriff shall put to the garnishee the following questions: Are you in any manner indebted to the defendant in this suit, or do you owe the defendant money or property which is not yet due? If so, Statutee the particulars. Have you in your possession or under your control any property, rights, or credits of the said defendants? If so, what is the value of the same? Statutee all particulars. Do you know of any debts owing the said defendant, whether due or not due, or any property, rights, or credits belonging to the defendant and now in the possession or under the control of others?

If so, Statutee the particulars. Do you compensate the defendant in this suit for any personal services whether denominated wages, salary, commission, bonus or otherwise, including periodic payments pursuant to a pension or retirement program? If so, Statutee the amount of the compensation reasonably anticipated to be paid defendant during the calendar year? Iowa Code Ann. _ 642.5.

If the garnishee refuses to answer fully and unequivocally all the foregoing interrogatories, the garnishee shall be notified to appear and answer, and the garnishee may be so required in any event, if the plaintiff so notifies the garnishee. Iowa Code Ann. _ 642.6. Where the garnishee is required to appear at court, unless the garnishee has refused to answer the interrogatories, the garnishee is entitled to the pay and mileage of a witness, and may, in like manner, require advance payment before any liability shall arise for nonattendance. Iowa Code Ann. _ 642.8. A garnishee may, at any time after answer, be \exonerated from further responsibility by paying over to the sheriff the amount owing by the garnishee to the defendant, or so much of said debts and property as is equal to the value of the property to be attached. Iowa Code Ann. _ 642.10.

Judgment against the garnishee shall not be entered until the principal defendant has had ten days notice of the garnishment proceedings, to be served in the same manner as original notices. The garnishee shall Statutee in answer to the service of notice of garnishment whether or not service of notice was delivered to the defendant. The notice required by this section shall contain the full text of _ 630.3A. Iowa Code Ann. _ 642.14.

A notice of garnishment served upon a garnishee is effective without serving another notice until the earliest of the following: The annual maximum permitted to be garnished under _ 642.21 has been withheld. The writ of execution expires. The judgment is satisfied. The garnishee is served with a notice that the garnishment shall cease. A supervised financial organization 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. Expiration of the execution does not affect a garnishee's duties and liabilities respecting property already withheld pursuant to the garnishment. Iowa Code Ann. _ 642.22.

Interest Rate at which Judgment Accrue Interest shall be allowed on all money due on judgments and decrees of courts at the rate of ten percent per year, unless a different rate is fixed by the contract on which the judgment or decree is rendered, in which case the judgment or decree shall draw interest at the rate expressed in the contract, not exceeding the maximum applicable rate permitted by the provisions of _ 535.2, which rate must be expressed in the judgment or decree. The interest shall accrue from the date of the commencement of the action. Iowa Code Ann. _ 535.3. Note: Section 668.13 applies to interest on judgments based on a tort liability involving comparative fault. Applicable Forms Iowa Code Ann. _ 630.3A


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