Iowa Code

Iowa Code § 639.63 (2026)

Discharge on motion

✓ current as of July 2026

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A motion may be made to discharge the attachment or any part thereof, at any time before trial, for insufficiency of statement of cause thereof, or for other cause making it apparent of record that the attachment should not have issued, or should not have been levied on all or on some part of the property held. [R60, §3239; C73, §3018; C97, §3929; C24, 27, 31, 35, 39, §12139; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.63] Referred to in §537.5110

Notes of Decisions

Cited in 3 cases, 1971–1993 · leading case: Stoller Fisheries, Inc. v. Am. Title Ins. Co., 258 N.W.2d 336 (Iowa 1977).

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Stoller Fisheries, Inc. v. Am. Title Ins. Co., 258 N.W.2d 336 (Iowa 1977). · cites it 2× “” Another important saving characteristic is found in section 639.63. This section provides for an immediate post-seizure hearing as follows: “A motion may be made to discharge the attachment or any part thereof, at any time before trial, for insufficiency of statement of cause…”

Frudden Lumber Co. v. Clifton, 183 N.W.2d 201 (Iowa 1971). · cites it 3× “* * * and they are to be construed in favor of those claiming their benefits * * Additionally, The Code 1966, Section 639.63, provides: “A motion may be made to discharge the attachment or any part thereof, at any *204 time before trial, for insufficiency of statement of cause…”

Farmers Nat'l Bank of Webster City v. Manke, 500 N.W.2d 19 (Iowa 1993). · cites it 14× “In seeking reversal of the district court’s order, the bank urges three grounds: (1) that a motion to discharge an attachment under section 639.63 (1991) may only be used to test the legal sufficiency of the stated grounds and not to traverse the factual basis for those grounds,…”

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