Iowa judgment records are court documents that contain details of courts’ proceedings and final ruling following a legal action. Judgment files are deemed a part of Iowa court records, and as such, are available to the public through the Court Clerk’s Office at the courthouses or via online databases. A judgment record typically contains the full details of a case, and it specifies the rights and duties of each party in the litigation.
What is a Judgment?
In Iowa courts, a judgment is generally used to settle a matter of dispute conclusively. A judgment imposes a responsibility or obligation on an individual or a group. The liability may involve paying an amount of money, carrying out some act, or a prohibition from doing so. The judgment may also be in favor of the defendant, annulling the petitioner’s claim for reparation.
When a court passes a judgment, it is valid and legally binding only if the issuing court is competent by law to decide on the facts presented by the case and if it has jurisdiction over the parties or objects involved.
Iowa Judgment Laws
The Iowa Rules of Civil Procedure specify the provisions that govern judgments in Iowa. These laws dictate how to enforce or execute judgments and the part each party in the case has to play towards fulfilling the verdict. It also states the validity period of sentences.
What is Judgment Lien?
According to Iowa Code Section 624.23, all judgments issued in any of the courts within the state are automatically liens upon any real estate the defendants own at the time of the decisions. The lien is also applicable to any property the debtor may later acquire for a period of up to ten years from the date of judgment. Liens are potent tools for debt collection. It gives the creditor the legitimate authority to take possession of a property belonging to the debtor until such defaulter satisfies the judgment. In Iowa, judgment liens only apply to a debtor’s real estate.
What is an Iowa Summary Judgement?
According to the Iowa Rules of Civil Procedure, an Iowa summary judgment is a ruling without trial, and it is solely based on consideration of statements and evidence. A summary judgment is a conclusive tool to settle litigation out of court. It comes to play in situations where there are no disagreements concerning the facts of the case. For a court to consider a summary judgment, the petitioning party must establish that the facts are decidable without the need for a trial and that the other party cannot win due to a lack of evidence. The court may not issue a summary judgment if the petitioning party does not establish these beyond a reasonable doubt.
What is A Summary Judgment Motion In Iowa?
A summary judgment motion is an application that asks the court to issue a verdict in the absence of a trial. There are always two sides in a civil lawsuit trying to make a case or negate a specific claim and sway the judge or jury that their argument is compelling. However, there are certain situations where the facts presented by the two parties are the same or situations where one party may not see the need to proceed to trial. In such circumstances, the entity would file a summary judgment motion, asking the court to rule in their favor without trial. This motion believes that the material evidence is not in dispute or that the other individual cannot reasonably support the case. Either the plaintiff or the defendant may file a summary judgment motion in Iowa.
Iowa Judgment Record Search
The Iowa Open Record Law controls access to public records within the state. Following the provisions of this law, citizens are guaranteed access to public records from government agencies. Hence, it is within the public’s right to search and request copies of judgments or portions of information from a verdict file. The state’s court records self-service platform, Iowa Court Online Search, is available to any interested individual to search for a judgment record from a court proceeding. Access to the electronic database may also be at the courthouse that handled the case. Many of the courts in Iowa also provide public terminals to obtain records.
How Do I Look Up a Judgment In Iowa?
To look up a judgment in Iowa, the first thing a requester has to do is to find out the court maintaining the record in question. Applicants may request judgment records online or in person. All online applications for judgment records go through the Judicial Branch Communication Director. For in-person requests of judgment records, inquirers have to find out the court that handled the cases. While custodians of court records may vary per court, court clerks usually preserve court records. Therefore, a requesting party has to submit the record request to the court clerk at the courthouse that heard the case.
What Happens if You Have a Judgment Against You in Iowa?
If an individual has a judgment against them, and the party is willing to pay, the person may work with the creditor to make payment without court intervention. On the other hand, if the debtor is willing to pay but unable to make the complete payment at once, the creditor may set up a payment plan allowing the debtor to make payments in installments on mutually agreed dates. The debtor may also negotiate a transfer of property to the creditor in the place of monetary compensation. This sort of arrangement is a settlement agreement. If the creditor agrees to a settlement agreement, the lender presents the debtor with a written copy of the agreed terms, and both parties sign. The document is legally binding and is usable in any future litigation that has to do with the judgment. If a debtor refuses to make payment and is unwilling to cooperate, the creditor may implement court procedures to collect the judgment. Promptly satisfying a judgment is the best way to go, as doing otherwise may translate to loss of wages and properties. It can also cause hardship in obtaining insurance, loans, or in renting a house.
How Do I Find Out If I Have Any Judgments Against Me In Iowa?
Being on the negative end of a judgment is a serious affair that a person should not take lightly. One thing worse than having a judgment is not knowing about the existence of the judgment. Although it is quite difficult to be unaware of a judgment, it is not impossible. When an aggrieved person files a civil case against an individual, the court typically sends several notices to the defendant. However, an accused person may miss these notices.
The court sends a summons through mail or serves it to the defendant via a server in person. The summons requests the defendant’s presence in court at a specified date or some form of response from the defendant. If the defendant fails to comply with the instructions in the summons, the court will proceed to enter a default judgment against the party. If an individual receives a summons and refuses to honor it, it is safe to assume that the court has issued a judgment against them. The individual may also contact the court to verify.
Another way a person may find out about a judgment is through wage garnishment. This happens when the individual notices that a portion of their paycheck is constantly missing. It may imply that the court has issued a judgment allowing the wage garnishment against the person.
How Long Does A Judgment Stay On Your Record?
Judgments in Iowa have a statute of limitation of up to 20 years. This means that an unsatisfied judgment may stay on a person’s record for up to 20 years. Once the statute of limitation expires, it means the individual no longer owes the debt, and the judgment may no longer feature on the debtor’s credit record.
How To Enforce A Judgment In Iowa
Enforcing a judgment may be quite tedious, especially if the debtor is unwilling to pay or incapable of paying. To implement a judgment, the creditor may make use of the methods below;
Settlement Agreement: When a debtor is willing to pay but is not capable of paying all at once, the creditor might agree to the loanee paying in installments or at a specific time in the future. The settlement agreement takes place without the court’s help. Another method of a settlement agreement is when the creditor and debtor opt for the transfer of properties instead of monetary payment.
Execution of a Judgment: In Iowa, when the debtor refuses to pay the judgment, the creditor may use the court system to enforce the judgment (execution of judgment). To begin executing a judgment, the lender must file a Praecipe with the clerk of the court. The sheriff in the county where the debtor has a property receives the execution order with the details of the judgment. The sheriff, in turn, serves the execution papers to the entity managing assets owned by the defaulter, including the party’s employer and bank. If the sheriff recovers some funds, the officer remits the funds to the clerk. The sheriff continues to make an effort to collect the debt until after 120 days or till the debtor pays finally.
Debtor’s Exam: For this enforcement method, the creditor gets the debtor to appear in court and answer questions concerning their assets under oath. This occurs when the debtor refuses to pay, and the creditor wants more information on how to collect.
How To Collect A Judgment In Iowa
Ways to collect a judgment in Iowa include;
Wage Garnishment: Here, a portion of the debtor’s wages is deducted to pay up the creditor (Iowa Code Chapter 642). However, the amount deductible from the debtor’s wages is $250 per judgment in a year or 25% of the defaulter’s disposable income (Iowa Code § 537.5105).
Garnishing Bank Accounts: A creditor may place a levy on the entire money in the debtor’s bank accounts or any other financial institutions, excluding the exempt funds. In Iowa, $1,000 is considered exempt, along with certain funds such as alimony and social security benefits.
Placing a Lien on the Defaulter’s Assets: A financier could place a lien on the debtor’s real estate and other assets, thereby laying a claim to it. This ensures that the creditor gets paid first from the proceeds of the asset’s sale or before refinancing. The lien remains even if the assets’ ownership changes. After the court issues the judgment, the creditor must record it with the court’s clerk, and this automatically places a lien on the debtor’s assets in that particular county. For assets in other counties, the creditor needs to record the judgment with the specific county’s court clerk.
What Happens if a Defendant Does Not Pay a Judgment in Iowa
In Iowa, if a defendant does not pay a judgment, the party does not risk a jail term. However, the court could file a “contempt of court” motion against such an individual, which compels payment and may lead to jail sentencing eventually. Furthermore, the judgment interest piles up for each day that the accused does not pay the judgment.
Lastly, the creditor could also garnish the debtor’s accounts and wages or get the court to enforce and collect payment. Thus, the sheriff could seize and sell the defendant’s properties and garnish the party’s earnings and financial accounts.
What Personal Property Can Be Seized in a Judgment in Iowa?
Following Iowa Code § 624.23, a creditor may seize a defendant’s real estate, including land, condominiums, townhouses, and residential properties. However, the debtor’s primary residence is exempt from seizure.
Iowa Judgment Interest Rate
Per Iowa Code § 668.13, a judgment interest rate is applicable on all judgments right from the day the court entered the decision. If a pre-existing contract exists between the judgment creditor and judgment debtor, the interest rate stipulated therein is still applicable within the dictates of the law. However, in the absence of a contract between the creditor and the debtor, Iowa stipulates the judgment rate to be commensurate with the rate published in the H15 immediately before the judgment was entered plus 2%.
What is a Default Judgment?
A default judgment is a verdict entered when the defendant or the representing attorney fails to appear in court or fulfill any court order. It serves as an unconditioned win to the plaintiff. However, before the court enters a default judgment, the plaintiff must file a “Form of Notice of Intent to File Written Application for Default,” also known as Form 10. If the debtor fails to answer this notice within ten to 20 days, as stipulated by the judge, the court files a default judgment and closes the case.
How to File a Motion To Set Aside Default Judgment in Iowa
After a default judgment, the defendant has the opportunity to file a motion to set aside default judgment in Iowa within 60 days of judgment entry. The defendant may only file a motion to set aside the default judgment on the following grounds;
- Good cause.
- Mistakes, pardonable neglect, and surprises in the case.
- Circumstances beyond the defendant’s control like hospitalization
- If the accused did not get the court notice or was not served on time to respond within the required timeline
According to the law, the burden to prove these grounds is on the defendant, which the judge examines. If the grounds are tenable, the court reopens the case for court proceedings.
How to File a Motion To Vacate Judgment in Iowa
Filing a petition to vacate judgment is a bit similar to a motion to set aside default judgment because they both seek to change the previous judgment and/or open court proceedings. While a motion to set aside is used for a default judgment, a petition to vacate or modify judgment is used in Iowa to set aside a court judgment asides a default judgment.
Rule 1.1013 states that an interested party may file a petition to vacate judgment not later than a year after the judgment was entered, and all parties in the case must receive a notice.
The court may grant a petition to vacate the judgment based on fraud by the plaintiff in obtaining the judgment, mistakes by the court clerk, newly found evidence, and other grounds according to Rule 1.1012.
How To Remove An Abstract Of Judgment In Iowa
An abstract of judgment is a judgment lien placed on the real estate of the judgment debtor asides from the person’s homestead. It is possible to remove a judgment lien after the borrower fully pays the judgment. The judgment creditor must file a “Satisfaction of Judgment” notice with the court clerk of each county where the debtor’s properties are located. Failure to do that within a stipulated time attracts a $400 fine to the lender.
How Long Is a Judgment Good For In Iowa
A judgment is good in Iowa for 20 years, which is when the verdict is enforceable. According to Iowa’s Limitations on Judgments, judgments are renewable after expiration except claim to rent judgments.
Iowa Judgment Statute of Limitations Law
The Iowa statute of limitations on judgment, under Chapter 614.1, states that a judgment is only enforceable within 20 years. If the creditor fails to renew or collect the judgment within this period, the judgment becomes null and void.
