642.2 Garnishment of public employer. 1. The state of Iowa, and all of its governmental subdivisions and agencies, may be garnished, only as provided in this section and the consent of the state and of itsgovernmental subdivisions and agencies to those garnishment proceedings is hereby given.However, notwithstanding the requirements of this chapter, income withholding noticesshall be served on the state, and all of its governmental subdivisions and agencies, pursuantto the requirements of chapter 252D. 2. Garnishment pursuant to this section may be made only upon a judgment against an employee of the state, or of a governmental subdivision or agency thereof. 3. No debt of the garnishee is subject to garnishment other than the wages of the public employee. 4. Notwithstanding subsections 2, 3, 6, and 7, any moneys owed to the child support obligor by the state, with the exception of unclaimed property held by the treasurer of statepursuant to chapter 556, and payments owed to the child support obligor through the Iowapublic employees’ retirement system are subject to garnishment, attachment, execution,or assignment by child support services if child support services is providing ld support obligor through the Iowapublic employees’ retirement system are subject to garnishment, attachment, execution,or assignment by child support services if child support services is providing enforcementservices pursuant to chapter 252B. Any moneys that are determined payable by the treasurerpursuant to section 556.20, subsection 2, to the child support obligor shall be subject tosetoff pursuant to section 421.65, notwithstanding any administrative rule pertaining to childsupport services limiting the amount of the offset. 5. Except as provided in subsection 1, service upon the garnishee shall be made by serving an original notice with a copy of the judgment against the defendant, and with a copy of thequestions specified in section 642.5, by certified mail or by personal service upon the attorneygeneral, county attorney, city attorney, secretary of the school district, or legal counsel of theappropriate governmental unit. The garnishee shall be required to answer within thirty daysfollowing receipt of the notice. 6. If it is established that the garnishee owed wages to the defendant at the time of being served with the notice of garnishment, judgment shall be entered, irty daysfollowing receipt of the notice. 6. If it is established that the garnishee owed wages to the defendant at the time of being served with the notice of garnishment, judgment shall be entered, subject to the requirementof section 642.14 against the garnishee in an amount not exceeding the amount recoverableupon the judgment against the defendant employee, but in no event shall the judgmentgranted be for any amount in excess of that permitted by section 642.21 and section 537.5105. 7. A judgment in garnishment issued pursuant to this section shall be enforceable against a garnishee only to the extent of the defendant’s wages actually in the possession of thegarnishee, and shall not be enforceable against any property, claims or other rights of thegarnishee. 8. A person garnisheed pursuant to this section shall be subject to the provisions of this chapter not inconsistent with this section. [R60, §3196; C73, §2976; C97, §3936; C24, 27, 31, 35, 39, §12159; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §642.2; 81 Acts, ch 200, §1] 92 Acts, ch 1195, §209; 97 Acts, ch 175, §240; 2008 Acts, ch 1187, §127; 2020 Acts, ch 1064, §25, 28; 2020 Acts, ch 1118, §73, 74; 2023 Acts, ch , 71, 73, 75, 77, 79, 81, §642.2; 81 Acts, ch 200, §1] 92 Acts, ch 1195, §209; 97 Acts, ch 175, §240; 2008 Acts, ch 1187, §127; 2020 Acts, ch 1064, §25, 28; 2020 Acts, ch 1118, §73, 74; 2023 Acts, ch 19, §1286 Referred to in §96.32020 amendment to subsection 4 by 2020 Acts, ch 1064, §25, is effective on the date of rules adopted by the department of revenue to implement 2020 Acts, ch 1064, see 2020 Acts, ch 1064, §28; 2020 Acts, ch 1118, §73, 74; the Code editor received notice that the systemdesigned to implement the setoff procedures established in 2020 Acts, ch 1064, and the accompanying rules, will be operational on November13, 2023; rules governing transition, see 2020 Acts, ch 1118, §72 See Code editor’s note on simple harmonization at the beginning of this Code volumeSubsection 4 amended Sat Dec 23 12:20:26 2023 Iowa Code 2024, Section 642.2 (31, 7)
Iowa Legal Code