Iowa § 626.78 Notice to defendant

Iowa Statutes

§ 626.78 — Notice to defendant

Iowa § 626.78

Title XVJUDICIAL BRANCH AND JUDICIAL PROCEDURES

Ch. 626EXECUTION

This text of Iowa § 626.78 (Notice to defendant) 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.

Bluebook

Iowa Code § 626.78 (2026).

Text

If the debtor is in actual occupation and possession of any part of the land levied on,
the officer having the execution shall, at least twenty days previous to such sale, serve the
debtor with written notice, stating that the execution is levied on said land, and mentioning
the time and place of sale, which notice shall be served in the manner provided by rule
of civil procedure 1.305(1). However, upon the filing of an affidavit that the debtor is
intentionally evading service of process or otherwise cannot be served despite repeated and
diligent attempts, the notice may be served by placing the notice in a plain opaque envelope,
addressed to the defendant and marked personal and confidential, by affixing the envelope

to a main entrance of the premises subject to sale, and by mailing a c

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If the debtor is in actual occupation and possession of any part of the land levied on,
the officer having the execution shall, at least twenty days previous to such sale, serve the
debtor with written notice, stating that the execution is levied on said land, and mentioning
the time and place of sale, which notice shall be served in the manner provided by rule
of civil procedure 1.305(1). However, upon the filing of an affidavit that the debtor is
intentionally evading service of process or otherwise cannot be served despite repeated and
diligent attempts, the notice may be served by placing the notice in a plain opaque envelope,
addressed to the defendant and marked personal and confidential, by affixing the envelope

to a main entrance of the premises subject to sale, and by mailing a copy of the notice to the
debtor at the debtor’s last known address by ordinary mail.

United States v. Larry D. Wiegman Carla J. Wiegman Bruce W. Van Zee, Doing Business as Riverside Animal Hospital John C. Dean, Co-Executor of the Estate of Ray L. Thomas Wade Rubey, Co-Executor of the Estate of Ray L. Thomas Leon G. Wiegman Edna H. Wiegman Dwight A. Dittus, United States of America v. Larry D. Wiegman Carla J. Wiegman Bruce W. Van Zee John C. Dean, Co-Executor of the Estate of Ray L. Thomas Wade Rubey, Co-Executor of the Estate of Ray L. Thomas Leon G. Wiegman Edna H. Wiegman Dwight A. Dittus

111 F.3d 74 (Eighth Circuit, 1997)