Iowa Code
Iowa Code § 639.14 (2026)
Action on bond
✓ current as of July 2026
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In an action on such bond, the plaintiff therein may recover, if the plaintiff shows that the attachment was wrongfully sued out, and that there was no reasonable cause to believe the ground upon which the same was issued to be true, the actual damages sustained, and reasonable attorney’s fees to be fixed by the court; and if it be shown such attachment was sued out maliciously, the plaintiff may recover exemplary damages, nor need the plaintiff wait until the principal suit is determined before suing on the bond. [C51, §1854; R60, §3183; C73, §2961; C97, §3887; C24, 27, 31, 35, 39, §12090; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.14] Referred to in §445.4
\nNotes of Decisions
Cited in 7
cases, 1952–1993 · leading case: Ryan v. Arneson, 422 N.W.2d 491 (Iowa 1988).
Ryan v. Arneson, 422 N.W.2d 491 (Iowa 1988). “Second, is the award of punitive damages excessive, and third, is the prevailing party entitled to attorney fees on appeal under Iowa Code section 639.14 (1987). I. Background. This is an action concerning the ownership of approximately twenty acres of land and opposing claims…”
Team Cent., Inc. v. Teamco, Inc., 271 N.W.2d 914 (Iowa 1978). “Claim that the trial court erred in denying fees for the receiver’s attorney and that the amount of attorney fees allowed Teamco’s counsel under § 639.14, The Code, is excessive. There are other matters raised by Team Central and Dayton Hudson which we have considered, but the…”
Klooster v. North Iowa State Bank, 404 N.W.2d 564 (Iowa 1987). “The Kloosters claim, in the alternative, that the attorney fee award may be upheld under Iowa Code § 639.14 . We believe that such is not the case in view of our determination that the bank was entitled to a directed verdict on the wrongful attachment claim.”
Davis v. Rudolph, 52 N.W.2d 15 (Iowa 1952). “It may be stated this is not an action upon an attachment bond under section 639.14, Code of Iowa, 1950. In such actions the statute does not require that malice in instituting the attachment suit be proved.”
Rockport Co. v. Wedgewood, Inc., 447 N.W.2d 126 (Iowa 1989). “214, 216 (1925); Iowa Code §§ 639.14 and 639.15. In Iowa, the recognized grounds for attachment are specified by statute.”
Hansen v. Northrup, 54 N.W.2d 815 (Iowa 1952). “Section 639.14, provides: “In an action on such bond, the plaintiff therein may recover, if he shows that the attachment was: wrongfully sued out, and that there was no reasonable cause to believe the ground upon which the same was issued to be true, the actual damages…”
Farmers Nat'l Bank of Webster City v. Manke, 500 N.W.2d 19 (Iowa 1993). “The proper method for Manke to have traversed the factual allegations in support of the attachment was by an action on the bond under section 639.14. That was the procedure that was successfully employed by the debtor in the Rock-port Co.”
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