Iowa Code

Iowa Code § 643.5 (2026)

Writ issued

✓ current as of July 2026

Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

Upon direction of the court after notice and opportunity for such hearing as it may prescribe, the clerk shall issue a writ under the clerk’s hand, and the seal of the court, directed to the proper officer, requiring the officer to take the property therein described and deliver it to the plaintiff. [C51, §1997; R60, §3555; C73, §3230; C97, §4168; C24, 27, 31, 35, 39, §12183; C46, 50, 54, 58, 62, 66, 71, 73, §643.7; C75, 77, 79, 81, §643.5]

Notes of Decisions

Cited in 6 cases, 1967–2001 · leading case: Thorp Credit, Inc. v. Barr, 200 N.W.2d 535 (Iowa 1972).

Sort: Relevance Newest Treatment

Thorp Credit, Inc. v. Barr, 200 N.W.2d 535 (Iowa 1972). · cites it 10× “They point to a reference in section 643.5, The Code, which requires a pledge in the replevin bond that plaintiff "* * * will appear in court on or before the day fixed in the original notice, and prosecute his action to judgment.”

Audio Odyssey, Ltd. v. Brenton First Nat'l Bank, 245 F.3d 721 (8th Cir. 2001). · cites it 6× “The judge asked Hofmann whether the state's replevin statute required notice to the defendant, and Hofmann advised that the court had discretion to give such "notice and opportunity for hearing as it may prescribe" under Iowa Code § 643.5 . Hofmann also explained that the Bank's…”

Barry v. State Sur. Co., 154 N.W.2d 97 (Iowa 1967). · cites it 4× “Desiring to obtain possession immediately, Miller-Tomlin-son Implement Company filed its bond, as required by section 643.5, Code, 1962. This action is against appellant, as surety on that bond, for damages resulting from the wrongful seizure and detention of the tractor.”

Stoller Fisheries, Inc. v. Am. Title Ins. Co., 258 N.W.2d 336 (Iowa 1977). “We found we were “ * * * bound under the holding in Fuentes to declare unconstitutional and invalid sections 643.5 and 643.6, The Code, [1971] for their want of notice and judicial hearing requirements prior to seizure.”

Audio Odyssey, Ltd., an Iowa Corp. Dogan A. Dincer Ann M. Dincer v. Brenton First Nat'l Bank, an Iowa Banking Corp. Michael M. Bladel, Sheriff of Scott Cnty., Iowa John M. Norris, Deputy Sheriff of Scott Cnty., Iowa Charles A. Barton John C. Bradley Chris A. Pieper, Roger Hoffman Merchants Bonding Co., a Corp., Corp., Audio Odyssey, Ltd., an Iowa Corp. Dogan A. Dincer Ann M. Dincer v. Bernard J. Hofmann Anderson & Nelson, a Prof'l Corp., 245 F.3d 721 (1st Cir. 2001). · cites it 3× “The judge asked Hofmann whether the state's replevin statute required notice to the defendant, and Hofmann advised that the court had discretion to give such "notice and opportunity for hearing as it may prescribe" under Iowa Code 643.5. Hofmann also explained that the Bank's…”

Interfirst Bank, Dallas, Texas v. Hanson, 395 N.W.2d 857 (Iowa 1986). · cites it 2× “Iowa Code § 643.5 (1985). As to self-help repossessions, although neither the Supreme Court nor this court has passed on the issue, other jurisdictions have uniformly held that contractual self-help repossessions are private actions which do not constitute state action unless…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.