More Categories

Rule 1.1020 – Levy on personalty

May 13, 2021 | Civil Procedure, Iowa

Levy on personalty may be made under an attachment or general execution by either of the following methods, but no lien is created until compliance with one of them.

1. 1020(1) By the officer taking possession of the property, and signing and appending to the execution its exact description at length, with the date of the levy.
1. 1020(2) If the creditor or the creditor’s agent first so requests in writing, the officer may view the property, prepare a written inventory of its exact description at length, and append the inventory to the execution, with the officer’s signed statement of the number and title of the case, the names of the debtor and judgment creditor, the amount claimed under the execution, the exact location of the property and in whose possession, and the last known address of the judgment debtor. A certified transcript of the inventory and statement shall be filed with the secretary of state. Such filing shall be accepted by the secretary of state and shall be marked, indexed and certified in the same manner as a financing statement, and shall be constructive notice of the levy to all persons. If the writ is satisfied or the levy discharged the officer shall file a termination statement with the secretary of state. The fees normally charged by the secretary of state for the filing of a financing statement and the filing of a termination statement shall be paid by the officer and shall be taxed as a part of the costs of the levy.

Iowa. R. Civ. P. 1.1020

Report 1943; amendment 1967; amendment 1975; October 31, 1997, effective January 24, 1998; July 27, 2001, effective October 1, 2001; November 9, 2001, effective February 15, 2002.