Iowa Judgment
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How to fill out Judgment?
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FAQ
A Praecipe is a legal document that tells the clerk of court to begin the legal process of collecting (executing on) a judgment that the defendant is not paying. The praceipe directs the clerk of court to issue an execution directed to the sheriff of the county where the asset or property is located.
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).
If the court finds the party (also known as the contemnor) to have willfully disobeyed a court order or decree, it will likely find them in contempt and punish them. The punishment for contempt may be a commitment to the county jail for up to thirty (30) days for each finding of contempt.
Judgments are valid for a period of twenty years. Iowa Code § 614.1. Judgments are liens upon the real estate owned by the defendant for a period of ten years from the date of the judgment.
If a judgment debtor does not voluntarily pay the judgment, the judgment creditor can try to collect the money from the judgment debtor involuntarily. This is called ?executing? the judgment. A judgment creditor can execute upon a judgment debtor's wages, real property, bank account, or cash box.
Persons with internet access who are not parties can view general public information on Iowa court cases, but not documents, through Iowa Courts Online on the Iowa Judicial Branch website at: .
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.
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.