Iowa Code
Iowa Code § 643.19 (2026)
Plaintiff’s option
✓ current as of July 2026
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If the party found to be entitled to the property be not already in possession thereof by delivery under the provisions of this chapter or otherwise, the party may at the party’s option have an execution for the delivery of the specific property, or for the value thereof as determined by the jury, and if any article of the property cannot be obtained on execution, the party may take the remainder, with the value of the missing articles. [R60, §3563, 3568; C73, §3241; C97, §4178; C24, 27, 31, 35, 39, §12195; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §643.19]
\nNotes of Decisions
Cited in 4
cases, 1967–2017 · leading case: Universal CIT Credit Corp. v. Jones, 227 N.W.2d 473 (Iowa 1975).
Universal CIT Credit Corp. v. Jones, 227 N.W.2d 473 (Iowa 1975). “Plaintiff does not appeal, but defendant seeks a new trial on these two grounds: (1) Denial of his demand for a jury trial; and (2) refusal of the trial court to accord him an election under § 643.19, The Code, of taking a money judgment for the value of the car as of January…”
Marx Truck Line, Inc. v. Fredricksen, 150 N.W.2d 102 (Iowa 1967). “Code section 643.19 provides a successful defendant in a replevin action if not in possession of the property involved may elect to take judgment against plaintiff and the surety on his bond for the money value of the property.”
Ankeny Cmty. Sch. Dist. v. Van Gorp, 501 N.W.2d 506 (Iowa 1993). “REVERSED AND REMANDED. . After directing the issuance of the writ, the order stated "that all defendants are hereby enjoined from suing the plaintiff on the [water conditioner].”
Bianca Lorrine Pulliam v. Danny Mac (Iowa Ct. App. 2017). “On appeal to this court, Danny Macs contends this is a case of bailment— not replevin—and argues Pulliam “did not prove the elements of negligence to warrant a judgment against a constructive bailee.”
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