COMMERCE BANK v. McGOWEN

No. 19-1994.

956 N.W.2d 128 (2021)

COMMERCE BANK, Appellee, v. Robert R. McGOWEN, Appellant.

Supreme Court of Iowa.

Filed March 12, 2021.


Attorney(s) appearing for the Case

Steven P. Wandro (argued), Kara M. Simons , and Brian J. Lalor of Wandro & Associates, P.C., Des Moines, for appellant.

Michael S. Mather (argued) and Kelly S. Hadac of HKM, P.A., St. Paul, Minnesota, and Thomas J. Cahill of Cahill Law Offices, Nevada, for appellee.

McDonald, J., delivered the opinion of the court, in which all participating justices joined. Appel, J., took no part in the consideration or decision of the case.


Iowa Code section 627.6(8)(e) (2019) provides a debtor may exempt from execution "[a] payment or a portion of a payment under a pension, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service." The issue in this garnishment proceeding is whether payments made to a debtor...

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