FAQs

Sheriff's Sale/Foreclosures

The foreclosure sales are published in the Waterloo-Cedar Falls Courier four (4) weeks before the sale date, and again the day before the sale. They can be found in the Legal Ads section. They are also posted at the Black Hawk County Court House, Waterloo City Hall, and also at the Black Hawk County Sheriff's Office.

All sales take place at the Black Hawk County Sheriff's Office front lobby, located at 225 E 6th Street, Waterloo, Iowa at 10:30 AM.

Expectations:

1. Before the sale, you are responsible for doing your own research.

a. Any additional liens on the property

b. Any taxes owed

c. Any people currently residing there

2. The sales occur site unseen. You are buying the property as is. We do not have a key to show the property.

3. If you bid on the property, you are intending to purchase it. If you win the bid, you are expected to be able to pay for it! No changing your mind or attempting to back out once the bidding has concluded.

4. You should have the means to pay for the property you intend to purchase. You will be expected to deliver a certified check from your bank for payment in full before 3:00 PM that same day. Or, you may bring in cash, but this is not recommended.

Any matters of impropriety regarding a sale will be investigated by the Sheriff's Office and may result in criminal charges being filed against you, if applicable, or a lawsuit filed by the mortgage company.

Our office is not allowed to give opening bids out before the sale date and time. The opening bid will be announced at the time of the sale and no sooner.

If you have any questions, please call 319-291-5073.

View Sheriff's Sale Listings Online

Iowa Law Overview

A person can start a court proceeding for the involuntary commitment, treatment, or hospitalization of another person who suffers a serious mental impairment or who has a substance-related disorder, or both. The court procedures for each situation are similar but not identical.

Involuntary commitment, treatment, or hospitalization is a restraint on one’s liberty and generally involves forcing someone to undergo treatment without that person’s consent, which may include confining that person.

If you are beginning commitment proceedings on behalf of another person, you are called the “applicant,” and the person who is the subject of concern is called the “respondent.”

What is a serious mental impairment?

A person with a serious mental impairment is someone who has a mental illness that causes that person to lack sufficient judgment to make responsible decisions about the person’s hospitalization or treatment and who, because of that condition, one of the following applies:

• Is likely to injure the person’s self or others if allowed to remain at liberty without treatment.

• Is likely to inflict serious emotional injury on family members or others who lack the reasonable opportunity to avoid contact with the person if the person with a mental illness is allowed to remain at liberty without treatment.

• Is unable to satisfy needs for nourishment, clothing, essential medical care, or shelter so that it is likely that the person will suffer physical injury, physical debilitation, or death without treatment.

• Has a history of noncompliance with treatment, and that noncompliance has either (1) been a significant factor in the need for emergency hospitalization, or (2) has resulted in acts causing serious physical injury to the person’s self or others or an attempt to cause physical injury to the person’s self or others.

Iowa Code Chapter 229

What is a substance-related disorder?

A person with a substance-related disorder is a person who has a diagnosable substance-related disorder as defined by the American Psychiatric Association that results in functional impairment, and because of that disorder, the person lacks judgmental capacity and presents a danger to the person’s self or others.

Iowa Code Chapter 125

How do I start involuntary commitment proceedings?

To start an involuntary commitment proceeding you must file an application and the required supporting documents using the approved forms. All of the approved forms are available from the county clerk of court or at the following web address: https://www.iowacourts.gov/for-the-public/court-forms/filters/c5051a4122b84d269b8f8a4b8561df04.

The application to start an involuntary commitment based on serious mental impairment is 12.36—Form 1. The application to start an involuntary commitment based on a substance-related disorder is 13.35—Form 1.

With the application, you must provide one or more supporting affidavits that corroborate the application, or a written statement of a licensed physician in support of the application, or both. The affidavit for serious mental impairment cases is 12.36— Form 2; for substance-related disorder cases use 13.35—Form 2.

File the completed application and accompanying documents with the clerk of court in the county where the respondent resides or is currently located. It may be filed with the court in paper or electronically through the Iowa eFile system, at https://www.iowacourts.gov/efile/.

What is the process for involuntary commitment?

When the application is filed, the clerk of court will docket the case and notify a judge who will review the application and accompanying documents. The sheriff will receive notification to serve the respondent with the application and accompanying documents. The county attorney will be notified and also have access to the documents.

You may request that the respondent be taken into immediate custody. If the judge finds probable cause to believe that the respondent has a serious mental impairment or substance-related disorder and is likely to cause injury to him or herself or others if allowed to remain at liberty, the judge may order the respondent to be detained until the hearing.

If the application is adequate, the judge will set the matter for hearing. The hearing will be at least forty-eight hours after notice was provided to the respondent. Before the hearing, the court may require a physician to examine the respondent and file a report.

At the hearing for a matter concerning serious mental impairment, the county attorney will present evidence in support of the contentions in the application. At a hearing concerning an allegation of a substance-related disorder, the evidence may be presented by the county attorney or by you or your attorney. You and the respondent will each be allowed to testify and to present and crossexamine witnesses and present other evidence. Only persons necessary for the hearing will be allowed to attend. The proceedings are a civil matter, not criminal, and the respondent’s wellbeing is the paramount concern. You, as the applicant, will have the burden of proving the contents of the application for commitment, namely that the respondent is seriously mentally impaired or has a substance-related disorder, by clear and convincing evidence.

Will there be an attorney to represent me or the respondent?

The court will determine if the respondent has an attorney, and if not, the court may appoint an attorney if the respondent is unable to pay for an attorney. If the application alleges serious mental impairment, the court may also appoint a mental health advocate for the respondent.

Iowa Code Section 229.19

If the application for commitment is for a substance-related disorder, the court may appoint an attorney for you if legal representation is necessary to assist you in a meaningful presentation of evidence and you are unable to pay for an attorney.

Iowa Code Section 125.78

What happens after the hearing?

After the hearing, the judge will make a decision. The judge may either dismiss the case or order the person to be committed for treatment, which may include ordering placement at a particular facility for treatment.

Iowa Code Chapters 125 and 229

Can the decision be appealed?

The decision of the judge can be appealed. If the judge who decided the case was a magistrate, then the respondent has 10 days to file an appeal with the district court. A decision of a district court judge can be appealed to the Iowa Supreme Court within 30 days.

What rights does a person have after being committed?

After the person is committed, the person will be evaluated regularly by a medical officer. The medical officer will file regular reports and indicate whether the person needs further treatment. The reports will also indicate if the person can be released or if the person needs a different placement. Each time there is an order about placement notice must be given to the respondent, and the respondent has the right to ask for a court hearing on placement. Additionally, a person who has been committed also has the right to request to be released.

If a person under commitment has questions about his or her rights, he or she should speak to an attorney. If the application alleges serious mental impairment, the assigned mental health advocate will also represent the interests of the person under commitment.

GARNISHMENTS – EFFECTIVE 3-1-2023

A garnishment is a legal proceeding taken by a plaintiff (creditor) after a judgment is awarded from a court against a defendant (debtor). If the plaintiff (creditor) knows that the defendant (debtor) has money, or property, in the hands of a third party (wages owed by the defendant's (debtor's) employer, funds in a bank account, etc., the plaintiff (creditor) may have a garnishment served to recover funds owed on the debt. Iowa Code 642 governs the amount allowed to be withheld.

Effective 01-01-2024 a $100.00 advanced fee is required. The actual fees for service are added to the amount of the judgment to be garnished. If the Sheriff's Office receives enough funds from the garnishee to cover the cost of the Sheriff's fees, the advance fee will be refunded. If the entire advance fee is not needed to cover the fees, the remaining amount will be refunded.

Once you have the “General Execution” issued by the clerk, you will need to deliver/mail to the Sheriff’s Office with the “Dictation to Sheriff Garnishment” (PDF) and “Notice of Garnishment” (PDF).

Most banks and many employers require, besides the defendant’s (debtor’s) name, another identifier such as a social security number/account number. This is to ensure the correct person is being garnished. Without this information, the garnishment will still be served, but your chance of receiving any funds may be reduced dramatically. 

A garnishment expires 120 days from the date it was issued by the Clerk of Court.

The Sheriff’s Office requires the last known address for the defendant (debtor), since for all non-wage garnishments a notice of garnishment is required to be mailed by restricted certified mail as well as first class mail.

INSTRUCTIONS TO GARNISHEE FOR WAGE GARNISHMENT

COMPUTATION TABLE AMOUNTS ARE BASED ON DISPOSABLE EARNINGS AFTER WITHHOLDING AMOUNTS REQUIRED BY LAW (TAXES, SOCIAL SECURITY, ETC.).

COMPUTATION TABLES PER PAY PERIOD FOR “NON-CONSUMER CREDIT.”

IF THE DEFENDANT-EMPLOYER'S EARNINGS ARE LESS THAN THE BELOW, THEN PAY THEM AS IF THEY WEREN’T BEING GARNISHED.

1. $217.50 FOR A WEEKLY PAY PERIOD
2. $435.00 FOR A BI-WEEKLY PAY PERIOD
3. $471.25 FOR A SEMI-MONTHLY PAY PERIOD
4. $942.50 FOR A MONTHLY PAY PERIOD

IF THE BALANCE OF THE DISPOSABLE EARNINGS ARE:

1. $217.50 - $290.00 FOR A WEEKLY PAY PERIOD                  PAY THEM $217.50
2. $435.00 - $580.00 FOR A BI-WEEKLY PAY PERIOD              PAY THEM $435.00
3. $471.25 - $628.33 FOR SEMI-MONTHLY PAY PERIOD          PAY THEM $471.25
4. $942.50 - $1256.67 FOR A MONTHLY PAY PERIOD              PAY THEM $942.50

PAY THE BALANCE OF THE DISPOSABLE EARNINGS TO THE SHERIFF.

IF THE DEFENDANT-EMPLOYEE’S DISPOSABLE EARNINGS ARE MORE THAN:

1. $290.00 FOR A WEEKLY PAY PERIOD                                   PAY THEM 75% OF EARNINGS
2. $580.00 FOR A BI-WEEKLY PAY PERIOD                               PAY THEM 75% OF EARNINGS
3. $828.33 FOR A SEMI-MONTHLY PAY PERIOD                        PAY THEM 75% OF EARNINGS
4. $1,256.67 FOR A MONTHLY PAY PERIOD                              PAY THEM 75% OF EARNINGS

PAY 25% OF DISPOSABLE EARNINGS TO THE SHERIFF.

INSTRUCTIONS TO GARNISHEE FOR WAGE GARNISHMENT

COMPUTATION TABLE AMOUNTS ARE BASED ON DISPOSABLE EARNINGS AFTER WITHHOLDING AMOUNTS REQUIRED BY LAW (TAXES, SOCIAL SECURITY, ETC.).

COMPUTATION TABLES PER PAY PERIOD FOR “CONSUMER CREDIT."

IF THE DEFENDANT-EMPLOYEE’S EARNINGS ARE LESS THAN THE BELOW THEN PAY THEM AS IF THEY WEREN’T BEING GARNISHED:

1. $290.00 FOR A WEEKLY PAY PERIOD
2. $580.00 FOR A BI-WEEKLY PAY PERIOD
3. $628.33 FOR A SEMI-MONTHLY PAY PERIOD
4. $1,256.67 FOR A MONTHLY PAY PERIOD

IF THE DEFENDANT-EMPLOYEE’S DISPOSABLE EARNINGS ARE LESS THAN:

1. $290.00 - $386.67 FOR A WEEKLY PAY PERIOD                                  PAY THEM $290.00
2. $580.00 – 773.33 FOR A BI-WEEKLY PAY PERIOD                               PAY THEM $580.00
3. $628.33 - $837.77 FOR A SEMI-MONTHLY PAY PERIOD                      PAY THEM $628.33
4. $1,256.67 - $1,675.56 FOR A MONTHLY PAY PERIOD                          PAY THEM $1,256.67

PAY THE BALANCE OF THE DISPOSABLE EARNINGS TO THE SHERIFF.

IF THE DEFENDANT-EMPLOYEE’S DISPOSABLE EARNINGS ARE MORE THAN:

1. $386.67 FOR A WEEKLY PAY PERIOD                                        PAY THEM 75% OF EARNINGS
2. $773.33 FOR A WEEKLY PAY PERIOD                                        PAY THEM 75% OF EARNINGS
3. $837.77 FOR A SEMI-MONTHLY PAY PERIOD                            PAY THEM 75% OF EARNINGS
4. $1,675.56 FOR A MONTHLY PAY PERIOD                                   PAY THEM 75% OF EARNINGS

PAY 25% OF DISPOSABLE EARNINGS TO THE SHERIFF.

THE MAXIMUM AMOUNT OF EARNINGS WHICH MAY BE GARNISHED DURING A CALENDAR YEAR FOR EACH CREDITOR IS AS FOLLOWS:

1. EARNINGS FROM $12,001.00 - $15,999.99 WITHHOLD $400.00
2. EARNINGS FROM $16,000.00 - $23,999.99 WITHHOLD $800.00
3. EARNINGS FROM $24,000.00 - $34,999.99 WITHHOLD $1,500.00
4. EARNINGS FROM $35,000.00 - $49,999.99 WITHHOLD $2000.00
5. EARNINGS FROM $50,000.00 – MORE WITHHOLD 10%

A NOTICE OF GARNISHMENT SERVED UPON A GARNISHEE IS EFFECTIVE WITHOUT SERVING ANOTHER NOTICE UNTIL THE EARLIEST OF THE FOLLOWING:

1. ANNUAL MAXIMUM UNDER 642.21 HAS BEEN WITHHELD
2. THE WRIT OF EXECUTION EXPIRES
3. THE JUDGMENT EXPIRES
4. THE JUDGMENT IS SATISFIED
5. THE GARNISHMENT IS RELEASED BY THE SHERIFF AT THE REQUEST OF THE PLAINTIFF’S ATTORNEY

A SUPERVISED FINANCIAL ORGANIZATION, AS DEFINED IN SECTION 537.1301, SUBSECTION 45, WHICH IS GARNISHED FOR AN ACCOUNT OF A DEFENDANT, AFTER PAYING THE SHERIFF ANY AMOUNTS THEN IN THE ACCOUNT, SHALL MONITOR THE ACCOUNT FOR ANY ADDITIONAL AMOUNTS AT LEAST MONTHLY WHILE THE GARNISHMENT NOTICE IS EFFECTIVE.

PAY ALL GARNISHED FUNDS TO THE BLACK HAWK COUNTY SHERIFF AT 225 E 6^TH ST WATERLOO, IA 50703.

Garnishment Procedure Information and Forms
Garnishment Procedures PDF
Dictation to Sheriff - Garnishments PDF
Directions to Sheriff PDF

Verifying a Service
The verification of service of civil processes through the sheriff's Civil Division can be done by phone at 319-291-2587 ext. 5103.

The Eviction Process
The Civil Division is responsible for receiving, processing, serving, and returning court orders, legal documents, and notices. The service of these documents is sometimes simply delivering them. At other times, depending on the intention and commands of the court, serving means the sheriff’s office must enforce the content of the written document.

THIS IS NOT LEGAL ADVICE AND SHOULD NOT REPLACE A LAWYER!

Evictions
When the sheriff’s office receives a Notice to Pay Unpaid Rent, sometimes referred to as a 3-Day Notice, a deputy sheriff will go to the address provided by the plaintiff and attempt service. We will repeatedly attempt service until either the notice is served or until it becomes obvious the person(s) are intentionally avoiding the service and our efforts are in vain. This constitutes a diligent search. At this time, either the paper will be returned as unable to locate or, if the plaintiff so chooses, a deputy will proceed with “posting”—taping the service papers in a conspicuous place at the location. 

A similar procedure will take place when we receive a notice to serve for Violation of Lease, Clear and Present Danger, Termination of Lease, and No Rental Agreement but Possession Established (property owner should seek legal advice to determine the appropriate procedure and obtain the correct forms).

In any case, the deputy sheriff will have multiple other papers and duties to attend to. As with any civil process, a plaintiff who is requesting service needs to provide as much information as they can to the sheriff’s office in order to properly identify, and locate, the correct party to be served. This may include the party’s full name, home address, date of birth, telephone number(s), place of employment, hours of work, times most likely to be found at home, or anything else that may be of assistance. The deputies will spend several hours throughout the day attempting to serve as many papers as is reasonably possible. 

When the sheriff’s office receives a Forcible Entry and Detainer (sometimes referred to as a FED), a deputy sheriff will go to the address provided and attempt service as usual. It should be noted that, unlike some of the other civil processes, the FED has time constraints and must be served at least three days prior to the relevant court date. These three days cannot include either the day of service or the day of the court hearing. Sundays are also excluded as they are days when regular mail is not delivered. The court does not allow us to deviate from these service restrictions and should be kept in mind for advanced planning on the part of the plaintiff.

When a FED has not been served, after diligent search, and the time for service has not expired, the FED may also go to “posting.” The deputy will attempt to contact the plaintiff, as a courtesy, to inform them of the status. If the plaintiff chooses to continue the action and have the deputy post the notice, the plaintiff must send the notice to the defendant; one copy by regular mail; send a second copy to them by certified mail and also notify the Clerk of Court that “posting” was done.

The sheriff’s office cannot give legal advice or information related to the legal steps required to cause an eviction or have an eviction stopped. The plaintiffs and defendants are encouraged to seek legal counsel for information related to this and any other court action.

During the FED hearing, the judge/magistrate will hear the case and determine the outcome. If decided in favor of the plaintiff, the plaintiff will need to request that the clerk issue a Writ of Removal / Ejection / Possession. It will not be done automatically. The writ is a court order addressed to the Sheriff of Black Hawk County and directs this Office to remove the named defendant(s) from the premises, as well as all persons claiming to be entitled to possession through them and place the named plaintiff in possession. The sheriff’s office does not receive any notice of the outcome of your case, and you will need to provide a hard copy of the writ to us for execution (service). 

Once the sheriff’s office receives the writ, along with the $100 advanced fee and direction sheet, the civil division sergeant will attempt to contact the plaintiff. The sheriff’s office receives multiple writs each day and appointments for their execution will be set up in the order the sergeant’s phone calls are answered by plaintiffs. If the plaintiff’s phone goes unanswered, the sergeant will leave a message (if that option is available) and move on to the other writs waiting to be set up. If the plaintiff has completed all of the above requirements and has not heard from the sheriff’s office after a few days (excluding weekends), they should contact the sheriff’s office civil division sergeant in order to make an appointment.

Defendants need to be aware that as soon as the order is written, it is fully enforceable and able to be executed. In order to make sure their belongings are taken care of to their complete satisfaction, the defendant should voluntarily move their belongings themselves and vacate the property as ordered. In any event, the writ must be executed within 30 days from the date it is issued. 

After the eviction is set up with the plaintiff, a deputy sheriff will go to the address involved in the action and attempt contact with the defendants. A copy of the writ, including a notice from the sheriff’s office, will be given to the defendants. This notice will inform the defendant of the need to vacate the premises and the latest date the writ will be executed. If no one is home, or if the defendants refuse to answer the door, the notice will be posted. It is not in the defendant’s best interest to wait until the last minute to vacate. 

When deputy sheriffs meet with the plaintiff (or their agents) at the address to execute the writ, it is important that both plaintiffs and defendants know the sheriff’s office cannot, and will not, “take sides” or favor one party over the other. The sheriff’s office must enforce the intent of the court order, keep the peace, and ensure the writ’s execution is in compliance with the law without judgment or bias. If the plaintiff has begun the eviction in any way before deputies arrive, the sheriff’s office must conclude the physical property has already been returned to the plaintiff and the deputy(s) will not be part of the process and will not execute the writ. If the plaintiff determines, on their own, that the defendant has taken their belongings and voluntarily vacated the physical property, they may choose to cancel the eviction appointment. In doing so, the plaintiff assumes all liability for any property left behind. Cancellation of an eviction appointment must be done with as much advanced notice as possible. 

The sheriff’s office is not there to physically remove the defendant’s personal belongings from the residence. The plaintiff is responsible for providing whatever labor is needed to remove the defendant’s personal property from the residence and place it to the city or county “right of way” within a reasonable amount of time. This must be accomplished by taking due care of the property and making sure that there is no unreasonable damage done during this process. The plaintiff should have plenty of heavy-duty garbage bags to not only bag up loose items so they will not create a mess by blowing around the neighborhood but also to help protect them from being damaged by weather. Tarps and plastic sheeting are also recommended to aid in this when precipitation is expected. The eviction may be postponed by the sheriff if weather conditions are too severe. The crew should also have in their possession any tools necessary to unhook or dismantle or move, any furniture or appliances that need to be removed and have someone who is knowledgeable in properly completing these tasks. One hour is determined to be a reasonable amount of time for full removal in most cases. If the plaintiff shows up either without a crew or the crew is insufficient for the amount of work that needs to be done, we will cancel the execution of the writ and it will need to be rescheduled for another date if time allows. Several writs may be scheduled for the same day, and it is not fair to delay another plaintiff’s appointment because you did not adequately prepare for yours.

Certain items will not be set out to the “right of way” in the name of public health/safety. If the tenant is present at the time of the eviction, they can take the items with them as long as these items get loaded directly into a vehicle. Such items include, but are not limited to: weapons, cutlery sets, prescription and over-the-counter medication, cleaning supplies, paints, solvents, soaps, shampoo and lotions, food, recorded materials (cassettes, CDs, DVDs), and pornography. The same applies to cases where there is a known infestation or evidence thereof (i.e.: roaches, fleas, bedbugs, etc.).

By placing the personal belongings on the “right of way,” the belongings are removed from the physical property and the plaintiff is no longer responsible for such items. The sheriff’s office does not hold this responsibility either. The personal property belongs to the defendant(s) and the defendant(s) are solely responsible for their own things.

Regarding pets abandoned at an eviction; abandoned pets must be humanely removed from the premises in order for the eviction to proceed. The costs for their removal, if necessary, are the responsibility of the landlord. Waterloo Animal Control Services has contracts with Waterloo and Cedar Falls and, if requested, currently charges a fee of $25 for the removal of each pet and an additional $45 fee when turning the pet over to the Cedar Bend Humane Society for a total cost of $70 per pet. This fee must be paid in cash or check at the time of the removal.

Once the removal of the defendant’s belongings from the physical property is complete, deputies will post a notice of the eviction which includes a warning that anyone entering this property without permission of the property owner may face whatever criminal charges are applicable (i.e., Trespass, Burglary, Robbery, etc.).

The personal property must be left available on the “right of way” for 24 hours to allow the defendant(s) the opportunity to obtain their things. The defendant(s) should remove their personal belongings from the “right of way” as soon as possible. The defendant should realize the longer the personal property remains there, the more likely the items will be damaged or stolen. Once 24 hours have lapsed from the beginning of the eviction, any personal property remaining on the “right of way” is considered abandoned and must be removed by the plaintiff.

For additional information, see:
www.blachhawklandlords.org
www.landlordsofiowa.com

No-Contact Orders, Protective Orders, Restraining Orders
If a person needs or feels they need to get a restraining order against another person there are a few ways to do this:

• If it is a result of a domestic abuse arrest, the judge will normally issue a no-contact order at the time of initial appearance for the suspect that does not allow the suspect to contact the victim in person, through writing, telephone, email, text messaging, or third parties.
• If the reason is domestic abuse and no charges are filed, the person may contact the Black Hawk County Clerk of Court to fill out an application. There must be a relationship between the two people at the time of abuse including any of the following: married, separated, divorced, adult relatives living together, parents of the same minor (under 18) child or children, living together, lived together within the past year, intimate relationship, have been in an intimate relationship and have had contact within one year of the assault.
• If the restraining order is the result of something other than the above reasons, you should consult a private attorney to help draw up documents to take to the judge to get the restraining order.

The Iowa State Victim Notification Service (VINE), is a service through which victims of crime can use the telephone or internet to search for information regarding their offender’s custody status and register to receive telephone or email notification when their offender's custody status changes. The VINE toll-free number for Iowa is 1-888-742-8463.