The Iowa Request for General Execution (Precise) (44.67 KB) is a legal document used by the Iowa State Courts to initiate a civil action. The document is used by the plaintiff (the person bringing the action) to request that an execution be issued in a civil case. The execution is a court order for the collection of a money judgement from a defendant. The document contains information about the plaintiff and the defendant, as well as the amount of money that the plaintiff is requesting in the judgement. It also contains instructions for how to serve the defendant with the execution. The Iowa Request for General Execution (Precise) (44.67 KB) comes in two forms: the Precise for Writ of Execution and the Precise for Execution of Judgment. The Precise for Writ of Execution is used when a money judgement has been issued, but the defendant has not paid. The Precise for Execution of Judgment is used when the defendant has already paid the judgement.
Iowa Request for General Execution (Praecipe) (44.67 KB)
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FAQ
Categories of debts in Iowa Unwritten contracts are also called open accounts or open-ended debts. These are debts that aren't based on a written agreement but are legally binding. In Iowa, the statute of limitations for unwritten contracts is five years.
Interest Rates on Judgments The interest rate on judgments is 10% unless a different rate was stated in the contract which the judgment was based on, that interest rate can't exceed the max that was permitted at the time.
In Iowa, you have to file an action against the other party to seek enforcement of the existing court decree order. The enforcement action is formally known as an Application for Rule to Show Cause, commonly referred to as a contempt filing. This filing brings the opposing party's bad acts to the court's attention.
If the debt is based on an unwritten contract (like many credit cards), the time limit is five years from the date of the last payment or charge on the card, whichever is more recent. If the debt is based on a written contract, the time limit is ten years from the date you made the last payment or broke the contract.
If a garnishment has been placed on your wages, but you believe the garnishment is incorrect or should be stopped, you may file a ?Motion to Quash Garnishment and Request for Hearing? (Iowa Court Rule form 3.20).
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.
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.
You must electronically file a request for an order "condemning" the funds held by clerk. The court will then order the clerk to pay you the amounts collected by the sheriff. You must pay the sheriff's fee. The sheriff will continue collection efforts until the judgment is satisfied or for a 120-day period.