STATE OF IOWA v. CHRIS WILLIAM KELLY JR (2023)

This is an appeal from the district court's partial denial of a motion to quash a garnishment. The garnishment proceeding was initiated by the Linn County Sheriff, who claimed Chris Kelly Jr. had $400 in his possession when he turned himself in to the Linn County jail on a matter that was an outgrowth of a criminal sentencing order.

Kelly sought relief from garnishment, asserting the $400 was not his. He later filed a motion to quash the garnishment, claiming the jail confiscated an additional $33. At a hearing on the motion, Kelly acknowledged the funds were “garnishable” but asserted that, “from a humane point of view,” the court should allow him to use them for “hygiene” needs while jailed.

The district court determined the $400 sum in Kelly's possession was available for Kelly's use and was “subject to garnishment.” The court quashed garnishment of the remaining $33.02.

On appeal, Kelly contends Iowa Code section 627.6(14) (2018) exempts “[t]he debtor's interest, not to exceed one thousand dollars in the aggregate, in any cash on hand ․ whether otherwise exempt or not under this chapter.” The State responds that Kelly failed to preserve error. That is precisely what the court of appeals held in State v. Stanton, No. 16-1193, 2018 WL 1182617, at *3 (Iowa Ct. App. Mar. 7, 2018). We stated the defendant “did not preserve error on his claim that he [was] entitled to an exemption under section 627.6(14).” Stanton, 2018 WL 1182617, at *3. In light of Stanton, which serves as persuasive authority, we conclude Kelly did not preserve error on his claim that the $400 in funds were exempt from execution.

AFFIRMED.

VAITHESWARAN, Presiding Judge.