What is the difference between a garnishment and a levy?
A. Garnishments differ from levies in that, under a levy, the sheriff proceeds against property in the possession of the judgment debtor, while under a garnishment, the sheriff proceeds against the property in the possession of a third party. Often the third party is an employer or a bank. It should be noted that under Iowa law, as a creditor pursuing a debtor via garnishment, a Notice of Garnishment must be served on the debtor. A Notice of Garnishment contains the full text as set out in Iowa Code Chapter 630.3(a) of the Iowa Code. Only after the Notice of Garnishment has been served upon the debtor and 10 days has expired from the date of service can the monies or property held by the garnishee be condemned or applied against the judgment.
