This text of Iowa § 577.3 (Possession of certain property to be surrendered upon notice from attorney general) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
general.
1.A supplier, as defined in section 537B.2, upon receipt of a written notice from the
attorney general that the attorney general has reason to believe that the supplier has
engaged in a deceptive act or practice pursuant to section 537B.6, subsections 2 through 12,
in connection with a transaction in which the supplier is asserting a lien to personal property
pursuant to this chapter, shall surrender possession of the property to the owner of the
property. The supplier shall make the property available to the owner within one business
day of receiving notice from the attorney general during the supplier’s usual business hours.
2.The attorney general shall serve the written notice pursuant to subsection 1 by certified
mail and such notice shall be presumed to have been received b
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general.
1. A supplier, as defined in section 537B.2, upon receipt of a written notice from the
attorney general that the attorney general has reason to believe that the supplier has
engaged in a deceptive act or practice pursuant to section 537B.6, subsections 2 through 12,
in connection with a transaction in which the supplier is asserting a lien to personal property
pursuant to this chapter, shall surrender possession of the property to the owner of the
property. The supplier shall make the property available to the owner within one business
day of receiving notice from the attorney general during the supplier’s usual business hours.
2. The attorney general shall serve the written notice pursuant to subsection 1 by certified
mail and such notice shall be presumed to have been received by the supplier upon the earlier
of the date of actual receipt, the date upon which the supplier refused initial delivery, or the
date the supplier was notified was the last day to retrieve the delivery from the postal service.
3. Theattorneygeneral’sbeliefthatthesupplierhasengagedinadeceptiveactorpractice
pursuant to section 537B.6, subsections 2 through 12, the supplier’s surrendering possession
of the motor vehicle to the owner pursuant to this section, and the attorney general’s service
of notice on the supplier pursuant to this section shall not be admissible in any litigation
between the supplier and the owner of the property subject to the lien unless the supplier
fails to comply with the requirements of this section.
4. An otherwise valid lien under this chapter is not lost as a result of the supplier
surrendering possession of the property pursuant to this section and an otherwise valid lien
may be foreclosed pursuant to section 554.7308 within one year of the supplier surrendering
possession under this section.
5. In addition to any other applicable remedy, the attorney general may seek relief against
a supplier for a violation of this section to the same extent the attorney general may seek
relief under section 714.16, subsection 6, for failure or refusal to obey a subpoena issued by
the attorney general.