§ Rule 1.257. Sheriff or officer; creditor

Codes > Iowa Rules of Civil Practice and Procedure > Chapter 1 > Division II : E. Interpleader > Rule 1.257.

Rule 1.257. Sheriff or officer; creditor

When a sheriff or other officer is sued for taking personal property under a writ, or for the property so taken, such writ may be filed with the court, with an attached affidavit from the sheriff or other officer that the property involved was taken under the writ. The plaintiff shall then join the attaching or execution creditor as a defendant, or such creditor may join on application. Any judgment against the officer and creditor shall provide that the creditor's property be first exhausted to satisfy the judgment.