Iowa Code

Iowa Code § 626.82 (2026)

Overplus

✓ current as of July 2026

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When the property sells for more than the amount required to be collected, the overplus must be paid to the debtor, unless the officer has another execution in the officer’s hands on which said overplus may be rightfully applied, or unless there are liens upon the property which ought to be paid therefrom, and the holders thereof make claim to such surplus and demand application thereon, in which case the officer shall pay the same into the hands of the clerk of the district court, and it shall be applied as ordered by the court. [C51, §1910; R60, §3315; C73, §3084; C97, §4030; C24, 27, 31, 35, 39, §11730; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §626.82]

Tue Dec 09 21:59:08 2025 Iowa Code 2026, Chapter 626 (31, 0) §626.83, EXECUTION 16

Notes of Decisions

Cited in 4 cases, 1982–1987 · leading case: Farmers Prod. Credit Ass'n v. McFarland, 374 N.W.2d 654 (Iowa 1985).

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Farmers Prod. Credit Ass'n v. McFarland, 374 N.W.2d 654 (Iowa 1985). · cites it 4× “See Iowa Code § 626.82 (overplus paid to the debtor "unless there are liens upon the property").”

William Burl Roudybush & Ruth J. Roudybush v. Ralph W. Zabel, Zabel Ltd. & First Nat'l Bank in Lenox, 813 F.2d 173 (1st Cir. 1987). “See Iowa Code Ann. § 626.82 (West 1950). 5 . Dorothy Henry, the Clerk of the Union County District Court, was also joined as a defendant in the original complaint.”

First Fed. Sav. & Loan Ass'n of Storm Lake v. Blass, 316 N.W.2d 411 (Iowa 1982). · cites it 10× “Simplot contends that the trial court erred in determining that its garnishment of the overplus pursuant to a general execution under section 626.82, The Code, to the detriment of senior lienholders, was improper, and in determining that the senior lienholders were not precluded…”

First Fed. Sav. & Loan Ass'n v. Blass, 316 N.W.2d 411 (Iowa 1982). · cites it 10× “Simplot contends that the trial court erred in determining that its garnishment of the overplus pursuant to a general execution under section 626.82, The Code, to the detriment of senior lienholders, was improper, and in determining that the senior lienholders were not precluded…”

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