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GARNISHMENTS

A garnishment is a legal proceeding taken by a creditor after a judgment is awarded by the court against a debtor.

If the creditor knows that the debtor has money, or property, in the hand of a third party (wages owed by the debtor’s employer, funds in a bank account, etc.), the creditor may have a garnishment served to recover funds owed on the debt. Iowa Code 642  governs the amount allowed to be withheld.


 Executions can be served personally or by certified mail by the Henry County Sheriff’s Office

 A copy of the Execution, Notice of Garnishment, and Directions of Service must be provided to the Sheriff’s Office for service.

The directions must list the employer/bank to be garnished and their address.    

​​​​​​​ Most banks and many employers require (besides the defendant’s name) another identifier such as a social security number/account number. This is to ensure the correct person is being garnished. Without this information the garnishment will still be served, but your chance of receiving any funds may be reduced dramatically.


Executions are valid for 120 days from the date of issuance from the Clerk of Court. Garnishments are in effect from the date of service until the judgment is satisfied, the maximum amount allowed by law is collected, the execution expires, or the execution is stopped by the court or by the creditor in writing.


An execution will be returned to the Clerk of Court when the execution expires (120 days) or the full amount of the judgment is received. After the execution is closed in the Sheriff’s Office, all funds will be sent to the Clerk of Court to be docketed through the court system. The balance of the funds collected will be sent to you from the Clerk of Court. If the full amount of the judgment is not collected during this time frame, the execution can be re-filed with the Clerk of Court for the balance.