Home Pride Foods of Iowa, Inc. v. Martin

686 N.W.2d 1, 2004 Iowa Sup. LEXIS 219, 2004 WL 1738693
CourtSupreme Court of Iowa
DecidedJuly 21, 2004
Docket03-0540
StatusPublished
Cited by2 cases

This text of 686 N.W.2d 1 (Home Pride Foods of Iowa, Inc. v. Martin) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Home Pride Foods of Iowa, Inc. v. Martin, 686 N.W.2d 1, 2004 Iowa Sup. LEXIS 219, 2004 WL 1738693 (iowa 2004).

Opinion

*2 CARTER, Justice.

Lynn Martin, a judgment creditor of Home Pride Foods of Iowa, Inc. (Home Pride), appeals from a judgment in garnishment proceedings rejecting her effort to subordinate a prior security interest of the intervenor, Nebraska State Bank (NSB), to her garnishment of certain accounts receivable owing to Home Pride. The issues on appeal all relate to Martin’s contention that NSB’s failure to provide information concerning its secured debt, as required by Iowa Code section 626.42, triggers a subordination of its secured claim pursuant to Iowa Code section 626.48.

The district court had concluded that Martin’s request for the information was insufficient to comply with section 626.42, that NSB’s response was sufficiently timely to preclude subordination of its secured interest, and that, because Martin was not a levying creditor at the time of her request, she may not rely on the provisions of section 626.42. After reviewing the record and considering the arguments presented, we conclude that it is not necessary to determine the sufficiency of Martin’s notice to comply with section 626.42. As to the other matters decided by the district court, we conclude that, if the procedures contemplated by section 626.42 apply to garnishments, they are only available to judgment creditors who have completed garnishment of assets subject to a prior security interest. If Martin’s request is considered to have continuing viability subsequent to the time that her garnishment was perfected, we are satisfied that NSB’s response was sufficiently timely to preclude subordination of its lien pursuant to section 626.48. Consequently, we affirm the judgment of the district court.

On February 15, 2002, Martin recovered a judgment by jury verdict against Home Pride in the amount of $127,931. In an attempt to enforce that judgment, Martin, prior to the ruling in the present case, caused three sequential executions to be issued. The first two executions issued on July 3, 2002, and September 24, 2002, respectively, were both returned unsatisfied. While the September 24 execution was still outstanding, Martin conducted a judgment examination of Home Pride and learned of several outstanding accounts receivable. It was also informed that Home Pride believed that all these accounts were subject to a security interest held by NSB.

On October 17, 2002, while the second execution was still viable, Martin’s counsel wrote to a vice president of the bank (previously alerted to her interest by telephone) and made the following request:

Please provide a statement of the nature and amount of the original debt of Home Pride Foods of Iowa, Inc., the date and amount of each payment that has been paid on this account and an itemized statement of the amount currently due and unpaid.

Accompanying this request was a copy of Martin’s judgment against Home Pride. On October 31, 2002, NSB responded as follows:

In your letter dated October 18, 2002, you requested account information in regards to Home Pride Foods of Iowa, Inc. Unfortunately without the consent of the principal of Home Pride Foods of Iowa, Inc. this information will not be released even in [view] of your judgment.

Martin’s second execution was returned to the clerk unsatisfied on November 7, 2002.

A third execution issued on November 13, 2002, and resulted in the garnishment of accounts receivable totaling approxi *3 mately $39,885. 1 On November 22, 2002, NSB wrote to Martin’s attorney, stating:

I have received your letter of October 18, 2002, to Steve Sorenson at Nebraska State Bank. I have obtained the permission of Mr. Brice Johnson [Home Pride’s CEO] to respond to your questions. Accordingly, please allow the accompanying document to serve as response to your inquiry pursuant to ICA § 626.42.

Accompanying that letter was an itemized statement of the extent of NSB’s security interest in the accounts receivable that are in controversy in this litigation.

On December 18, 2002, NSB intervened in the garnishment proceedings and filed a motion to quash the garnishment and enjoin execution on the judgment. A hearing was held on February 7, 2003, and the district court ruled as previously stated.

I. Scope of Review.

Factual issues in garnishment proceedings are tried at law. Iowa Code § 642.11. Consequently, our review is for the correction of errors at law. Iowa R.App. P. 6.4.

II. Whether a Creditor Who Has Not Levied or Garnished is Entitled to Demand the Information Contemplated by Section 626.42.

To aid in determining the meaning of Iowa Code section 626.42, we deem it helpful to consider the statutory scheme in which it arises. At the outset of this inquiry, we note that personal property subject to a security interest may be taken on attachment or execution subject to certain conditions. This is recognized by the following statutory provision:

Personal property subject to a security interest not exempt from execution may be taken on attachment or execution issued against the debtor, if the officer, or the attachment or execution creditor, within ten days after a levy, shall pay to the secured party the amount of the secured debt and interest accrued, or deposit the same with the clerk of the district court of the county from which the attachment or execution issued, for the use of the secured party, or secure the same as in. this chapter provided. 2

Iowa Code § 626.34. To assure' compliance with this provision, the statutes further provide:

If within ten days after such levy the attachment or execution creditor does not pay the amount, make the deposit, or give the security required, the levy shall be discharged, and- the property restored to the possession of the person from whom it was taken and the creditor shall be liable to the secured party for - any damages sustained by reason of such levy.

Iowa Code § 626.36.

The statute that gives rise to the present dispute provides as follows:

Iowa Code § 626.42.

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Cite This Page — Counsel Stack

Bluebook (online)
686 N.W.2d 1, 2004 Iowa Sup. LEXIS 219, 2004 WL 1738693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/home-pride-foods-of-iowa-inc-v-martin-iowa-2004.