An Iowa Writ of Execution and Precise is a court-issued document that allows a creditor to collect a debt from a debtor who has failed to pay. It orders the sheriff of the county where the debtor resides to seize the debtor's assets and sell them at a public sale. The proceeds of the sale are then used to pay off the debt. There are two types of Iowa Writ of Execution and Precise: a Writ of Execution and a Precise. A Writ of Execution is issued when the debtor has failed to pay a judgment and allows the creditor to attach non-exempt property, such as real estate, and sell it in order to satisfy the debt. A Precise is issued when the debtor has failed to pay a debt and allows the creditor to attach non-exempt personal property, such as vehicles, and sell it in order to satisfy the debt.
Iowa Writ of Execution And Praecipe
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Rule 1.303 - Time for motion or answer to petition 1. 303(1) Unless otherwise provided, the defendant, respondent, or other party shall serve, and within a reasonable time thereafter file, a motion or answer within 20 days after the service of the original notice and petition upon such party.
Replevin is a legal action to regain rightful possession of goods or personal property. It is not an action for damages, but the court ?shall also award damages? for cost incurred due to the wrongful possession of the property. Iowa Code § 643.17.
Return of service is a confirmation that there was service of process. Also termed proof of service, and the document evidencing service may be termed certificate of service. The document is generally filed by the server, potentially a sheriff or a professional process server, in court.
The post-judgment collections process begins with applying for what is called a ?praecipe? or a ?General Execution.? The General Execution is a document sent by the Court to the sheriff of a particular county (where the collection will take place) telling that sheriff what action to take.
431(7) The trial court shall rule on all motions within 30 days after their submission, unless it extends the time for reasons stated of record.
Rule 1.308 - Returns of service 1. Iowa officers may make unsworn returns of original notices served by them, as follows: Any sheriff or deputy sheriff, as to service in that officer's own or a contiguous county; any other peace officer, bailiff, or marshal, as to service in that officer's own territorial jurisdiction.
The statute of limitations for small claims judgments for execution purposes is twenty years, and liens on those judgments exist for ten years. See Iowa Code sections 614.1(6), 624.23(1), 626.2 and 631.12. However, a judgment can be renewed by filing a new action.
442(7)Certificate of service. The certificate shall identify the document served and include the date, manner of service, names and addresses of the persons served. The certificate shall be signed by the person making service. Unless ordered by the court, no other proof of service shall be filed.