The officer serving a writ of attachment or execution shall garnish such persons as the plaintiff may direct who are supposed debtors, or who possess property of the principal defendant. Garnishment shall be effected by a notice served in the manner and as an original notice in civil actions. The notice shall forbid the garnishee from paying any debt owing such defendant, due or to become due, and require the garnishee to retain possession of all property of the defendant in the garnishee's hands or under the garnishee's control, to the end that the same may be dealt with according to law. Unless answers are required to be taken as provided by statute, the notice shall cite the garnishee to appear before the court at a time specified not less than ten days after service and answer such interrogatories as may be propounded, or the garnishee will be liable to pay any judgment which the plaintiff may obtain against the defendant.
Rule 1.304.Response of garnishee
Division III: Commencement of Actions · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.304 tells the officer executing a writ of attachment or execution how to garnish a supposed debtor of the defendant or someone holding the defendant's property, and requires that garnishee to appear and answer interrogatories or risk becoming liable for the plaintiff's judgment.
Full Text of Rule 1.304
Plain-English Summary
When a plaintiff has a writ of attachment or execution and believes a third party owes money to the defendant or holds the defendant's property, Rule 1.304 lets the serving officer reach that third party — the garnishee — through a notice served the same way an original notice is served in a civil action. That notice does two things at once: it forbids the garnishee from paying any debt owed to the defendant, and it requires the garnishee to hold onto any property of the defendant already in the garnishee's possession or control.
The notice also functions as a summons of its own. Unless a statute already requires answers to be taken in some other way, the notice must direct the garnishee to appear before the court, at a time set no less than ten days after service, and answer whatever interrogatories are put to it. A garnishee who ignores that citation faces a real consequence: liability to pay whatever judgment the plaintiff eventually wins against the defendant.
Frequently Asked Questions
What is a garnishee under Rule 1.304?
A garnishee is a person the officer serving a writ of attachment or execution believes owes a debt to the defendant or holds the defendant's property. The plaintiff directs which such persons to garnish.
How is a garnishee notified under this rule?
Through a notice served in the same manner as an original notice in a civil action.
What is a garnishee forbidden from doing once served?
The garnishee cannot pay any debt owed to the defendant, whether it is already due or will become due later, and must retain any property of the defendant already in the garnishee's hands or control.
How much notice does a garnishee get before having to appear and answer?
The notice must set an appearance date at least ten days after service, unless a statute already provides a different method for taking the garnishee's answers.
What happens if a garnishee ignores the citation to appear and answer?
Rule 1.304 makes the garnishee liable to pay any judgment the plaintiff obtains against the defendant.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
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