View - State of Iowa

December 2010 CIVIL PROCEDURE Ch 1, p.65
officer shall collect the things in action, by suit in the officer’s own name if need be, or sell them. The
officer shall sell sufficient property levied on and garnish sufficient funds, or property of sufficient
value, to satisfy the execution, paying the proceeds, less the officer’s own costs, to the clerk.
[Report 1943; 1992 Iowa Acts, ch 1044, §1, effective July 1, 1992; November 9, 2001, effective February
15, 2002]
Rule 1.1019 Endorsement. The officer shall endorse on the execution, the day and hour the officer
receives it; and the levy, sale, or other act done by virtue of it, with the date thereof; and the date and
amount of any receipts or payments toward its satisfaction. Each endorsement shall be made at the
time of the act or receipt; but no levy or sale under the execution shall be impaired by failure to make
any such endorsement at the time here provided.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1020 Levy on personalty. Levy on personalty may be made under an attachment or general
execution by either of the following methods, but no lien is created until compliance with one of them.
1.1020(1) By the officer taking possession of the property, and signing and appending to the
execution its exact description at length, with the date of the levy.
1.1020(2) If the creditor or the creditor’s agent first so requests in writing, the officer may view
the property, prepare a written inventory of its exact description at length, and append the inventory
to the execution, with the officer’s signed statement of the number and title of the case, the names
of the debtor and judgment creditor, the amount claimed under the execution, the exact location of
the property and in whose possession, and the last known address of the judgment debtor. A certified
transcript of the inventory and statement shall be filed with the secretary of state. Such filing shall be
accepted by the secretary of state and shall be marked, indexed and certified in the same manner as a
financing statement, and shall be constructive notice of the levy to all persons. If the writ is satisfied
or the levy discharged the officer shall file a termination statement with the secretary of state. The
fees normally charged by the secretary of state for the filing of a financing statement and the filing of
a termination statement shall be paid by the officer and shall be taxed as a part of the costs of the levy.
[Report 1943; amendment 1967; amendment 1975; October 31, 1997, effective January 24, 1998; July 27,
2001, effective October 1, 2001; November 9, 2001, effective February 15, 2002]
Rules 1.1021 to 1.1100 Reserved.
DIVISION XI
DECLARATORY JUDGMENTS
Rule 1.1101 Declaratory judgments permitted. Courts of record within their respective
jurisdictions shall declare rights, status, and other legal relations whether or not further relief is or
could be claimed. It shall be no objection that a declaratory judgment or decree is prayed for. The
declaration may be either affirmative or negative in form or effect, and such declarations shall have
the force and effect of a final decree. The existence of another remedy does not preclude a judgment
for declaratory relief in cases where it is appropriate. The enumeration in rules 1.1102, 1.1103, and
1.1104, does not limit or restrict the exercise of this general power.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1102 Construing contracts, etc. Any person interested in an oral or written contract, or a
will, or whose rights, status or other legal relations are affected by any statute, municipal ordinance,
rule, regulation, contract or franchise, may have any question of the construction or validity thereof or
arising thereunder determined, and obtain a declaration of rights, status or legal relations thereunder.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1103 Before or after breach. A contract may be construed either before or after a breach.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1104 Fiduciaries, beneficiaries and others. Any person interested as or through an
executor, administrator, trustee, guardian, conservator or other fiduciary, creditor, devisee, legatee,
heir, next of kin or cestui que trust, in the administration of a trust or the estate of a decedent,