626.78 Notice to defendant. If the debtor is in actual occupation and possession of any part of the land levied on, the officer having the execution shall, at least twenty days previous to such sale, serve thedebtor with written notice, stating that the execution is levied on said land, and mentioningthe time and place of sale, which notice shall be served in the manner provided by ruleof civil procedure 1.305(1). However, upon the filing of an affidavit that the debtor isintentionally evading service of process or otherwise cannot be served despite repeated anddiligent attempts, the notice may be served by placing the notice in a plain opaque envelope,addressed to the defendant and marked personal and confidential, by affixing the envelopeto a main entrance of the premises subject to sale, and by mailing a copy of the notice to thedebtor at the debtor’s last known address by ordinary mail. [R60, §3318; C73, §3087; C97, §4025; S13, §4025; C24, 27, 31, 35, 39, §11726; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.78] 2006 Acts, ch 1132, §5, 16Referred to in §626.79 Sat Dec 23 11:21:35 2023 Iowa Code 2024, Section 626.78 (19, 0)
Iowa Legal Code