Iowa Small Claims Court

Small Claims Guide
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• State-by-state guide

Statutes: Code of Iowa, Title 15, Subtitle 3, Ch. 631, Sections 1-17.

Dollar Limit:: $4,000. Where To Sue: Where defendant resides or injury occurred. Contracts Where obligation incurred. Negotiable instruments Where maker resides. Nonresident defendants Where found. Corporation resides where it has an office or agent.

Service: Certified or registered mail, peace officer or court- approved disinterested adult (except in eviction suits).

Hearing Date: Defendant must appear within 20 days; hearing set within 5-20 days thereafter.

Attorneys: Allowed.

Transfer: If defendant requests jury trial or counterclaims for more than $4,000, case tried under regular civil procedure of District Court.

Appeals: By either side for review of law, not facts; to District Court within 20 days.

Special Provisions: No equitable relief. No jury trial. Resident defendants have 20 days and nonresidents have 60 days to answer or lose by default. Written pleadings not required. Court may order installment payments including garnishments, where the amount involved does not exceed $4000. Replevin may be granted of value of property is $4000 or less.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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November 21 2008

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