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Case No. 21-1226

L.F. Noll, Inc. v. Premiere Business Solutions, LLC

L.F. Noll, Inc., Plaintiff-Appellee

Premiere Business Solutions, LLC, Garnishee-Appellant

Attorney for Garnishee-Appellant

Daniel P. Kresowik

Attorney for Appellee L.F. Noll, Inc

Kolby P. Warren

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 31, 2022

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (15 pages)

            A garnishee appeals entry of judgment against it for funds owed to a creditor by a defendant, arguing (1) it was never provided with prior notice that judgment could be entered for the full amount; (2) no judgment should have been entered against it under Iowa Code section 642.13 (2020) because it was neither indebted to the defendant nor in the possession of her property when the notice of garnishment was served; and (3) if judgment in some form was proper, it should have been limited to the amount owed by the garnishee to the defendant.  OPINION HOLDS: The garnishee had sufficient notice and the court had subject matter jurisdiction of the dispute before it.  However, the garnishee was only liable to the creditor for amounts it failed to properly withhold.  We reverse the entry of judgment and remand for reconsideration consistent with this opinion.  The creditor’s request for attorney fees is denied.

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