What Is a Small Claims Court in Iowa?
The Iowa small claims courts, sometimes known as the "People's Courts," are courts with limited jurisdiction. The small claims court is a unit of the Iowa district court. As limited jurisdiction courts, they deal with only a few types of cases, usually involving small sums of money. Through this court, many civil issues between individuals or businesses can be resolved quickly and informally. The Iowa Code chapter 631 governs the small claims court's simplified judicial procedures.
According to state law, small claims courts in Iowa can handle civil cases for money judgments with a value of $6,500 or less. Aside from civil lawsuits for a money judgment where the disputed amount is $6500 or less, the court also hears:
- Civil actions for forcible entry and detainer.
- Civil actions of replevin when the value of the property claimed is 6500 or less.
- Motions and orders relating to personal property executions, including garnishments, where the value of the property or garnished money is less than $6500.
- Civil actions to challenge a mechanic's lien
- Actions brought by county treasurers to collect taxes.
Libel, slander, professional malpractice, and punitive damages cannot be addressed in Iowa small claims courts.
How Does the Iowa Small Claims Court Work?
The Iowa small claims court, a division of the state district courts, provides a low-cost mechanism for settling conflicts involving state residents. These issues constitute civil actions for a small money judgment.
In the small claims court, cases are heard by a magistrate or judge rather than a jury. The court trials are informal, as routine civil procedures are not followed strictly. As a result, even without legal assistance, plaintiffs (the suing entities) and defendants (the sued parties) can present their cases with evidence and witnesses. Nonetheless, the judge's decision is always based on the law and facts given.
Small claims can be filed by various entities, including people, partnerships, and businesses. These parties may file civil suits against other individuals, partnerships, and corporations if the claim falls within the court's jurisdiction.
How to Take Someone to Small Claims Court in Iowa
Suing someone in Iowa involves filing a lawsuit in a court of law. For a minor dispute worth $6,500 or less in damages, this means that the plaintiff or a party being sued can file a claim in the small claims court for restitution. Despite the small claims processes being low-cost and informal, parties are always encouraged to try to resolve such problems outside the court. If neither party agrees to a settlement, the injured party (plaintiff) may file a claim.
Before filing
The plaintiff must determine that the lawsuit has a likelihood of success before filing. They can consult an attorney to know if they have a case and if the evidence they have can persuade the court to rule in their favor. After acquiring proof and witnesses to back up the claim, the plaintiff may file the claim in the small claims division of their county district court. Details required to file the lawsuit include:
- The legal name of the defendant
- The defendant's residential address and place of employment.
When the defendant is a corporation or firm rather than an individual, the plaintiff must use the defendant's lawful corporate or company name. Parties can contact the secretary of state to obtain the proper name and address of the corporation's registered agent. This agent will receive any summons on the corporation's behalf, including a copy of the suit. The plaintiff can also contact the small claims court to find out what filing fees and court costs are required to file the claim.
Filing the claim
To file a claim, the plaintiff must complete a small claims form obtainable from the Iowa Judicial Branch website and Iowa Bar Association website. Because the small claims court's processes are subject to state laws, the court's procedures, rules, and forms are uniform statewide. However, there are multiple forms available per the case type. As a result, before deciding which forms to complete and file, the plaintiff should consult an attorney or research information regarding small claims on the court's website. The most common forms include:
- Original notice/Complaint
- Summons and return of summons
- Defendant's answer
- Subpoena
- Abstract of judgment
On completing the forms, they must be filed electronically through the Iowa Judicial Branch eFiling website. The plaintiff must create an account to become a registered user and file the form in PDF format. There is a $95.00 filing fee that will be collected for filing. Serving the suit on the defendant may incur further charges.
Serving the defendant
Following the filing of a claim, all defendants must be notified of the case. Each defendant must receive the Original Notice before the court trial is held. When filing the Small Claims Petition and Original Notice electronically, both documents along with a conformed Small Claims Answer and Appearance must be served on the defendant.
The filing party has the option of serving each defendant through the sheriff or by certified restricted mail. Parties interested in the sheriff's service can contact the county sheriff in the defendant's home county to arrange it. The sheriff may demand payment or a deposit before service can be made. To confirm the required fees for service, the plaintiff can contact the civil process division of the sheriff's department in the defendant's county. If the defendant is served via certified restricted mail, the individual will be charged the $95.00 filing fee plus an extra $20.00 for each party served.
For defendants that do not reside within the state, the plaintiff may use Form 3.3 or 3.4 and choose service by the Secretary of State. For this, a fee of $10.00 will be charged.
If the parties do not resolve the dispute after service, the clerk of the court will schedule a hearing for the case. For record-keeping purposes, claimants are advised to make multiple copies of any paper needed in the litigation.
How Much Can You Sue For in Iowa Small Claims Court?
Before July 1, 2018, the maximum amount of claims that could be addressed in an Iowa small claims court was $5,000. However, after July 1, 2018, the jurisdictional limit for small claims actions in Iowa was increased to $6,500. Therefore, any individual seeking a money judgment for $6,500 or less can bring the civil action to the Iowa small claims court for resolution.
How to Defend Yourself in Iowa Small Claims Court
Being served with a small claims claim makes an entity (now known as the defendant) a party in a small claims court case. This notice would typically include information about the claim, such as the plaintiff's identity, how much money they are requesting, and the court hearing date. Following receipt of such notice, the defendant may opt to settle the case outside of court. If this is the case, and the plaintiff or claimant receives full payment of the claim before the hearing date, they must file a Dismissal electronically (eForm 3.18).
The defendant has the choice of filing a counterclaim and appearing in court on the day of the hearing. If the defendant chooses this option, it is crucial to remember that parties in an Iowa small claims court case are not required to have legal representation. However, even if they prefer to self-represent, it is still advisable to get legal guidance. Whatever the case may be, any entity served with an Original Notice must download and submit an Appearance and Answer form within twenty days of receiving the notice. If the Secretary of State served the suit, the defendant has sixty days to respond.
Following this, the defendant must head to the Iowa Courts E-filing website, register as a user, and file the answer form in PDF format. Filing this form does not incur any court fine or charge. Failure to file it may cause the court to enter a default judgment in favor of the plaintiff. In addition, if the defendant examines the claim and believes they have a claim against the plaintiff, they may file a counterclaim. The court clerk will fix a hearing date after receiving an answer that denies the claim or admits parts of it. The defendant must attend or be represented by an attorney at this hearing.
Finally, if any party is dissatisfied with the court's verdict following the hearing, they may file an appeal. The defendant can do so by informing the judge of their intent to appeal after the hearing or filing a Notice of Appeal with the clerk within twenty days of the court's decision. The party must pay the required filing fee to the court clerk to file the appeal.
How Long Do You Have to Take Someone to Small Claims Court in Iowa?
The time restrictions for most civil actions in Iowa range from two to five years, according to Iowa Code 614, et seq (Limitation of Actions). These statutes provide a clear schedule for legal disputes so that the parties concerned can plan adequately. If a suit is filed after the statute of limitations has passed, the case will be dismissed, and no legal action can be pursued.
The statutes of limitations for civil actions vary based on the type of claim. For example, civil proceedings arising from written contracts have a ten-year statute of limitation, whereas oral agreements have a five-year statute of limitation.
What Happens if You Don't Show Up for Small Claims Court in Iowa?
If a party fails to attend for a scheduled court date in a civil case, the magistrate or court judge may enter a default judgment against the absent party and rule in the other party's favor. The judge may find the missing party in contempt of court in more egregious instances. Contempt proceedings are used to punish people or businesses who defy court orders or disrespect the court. The Iowa small claims court can impose jail time or court fees as punishment. Because of this, it is crucial to keep a court date. Individuals who have compelling reasons to miss a court date must notify the clerk of the court.
What are Small Claims Court Records in Iowa?
Iowa small claims court records are the public records of cases held in the state small claims courts. These records contain the following case details:
- Case number
- Parties to the case
- Information regarding the claim, including the amount requested
- Counterclaim, if filed
- Evidence that was presented
- The outcome of the case or the court's decision
Because not every small claims case proceeds to a hearing, some small claims court records will show whether the case was dismissed. This happens when the defendant chooses to pay the demanded sum rather than deny the allegation. These records are public documents under state law, which means they can be seen and copied by anyone.
Where Can I Find Iowa Small Claims Court Records?
The Iowa Judicial Branch is responsible for maintaining and disseminating all Iowa court records generated by the Iowa courts. Owing to Iowa's commitment to transparency, the general public can obtain quick and easy access to court records. The Judicial Branch provides specific guidelines on how inquirers can access court records for reasonable costs on its website. Members of the public can use this web gateway to conduct case searches for public records and other information. The database contains records of trials and appeals filed since 1998.
Inquirers can also request copies of records by visiting court clerks' offices where cases were filed. Because certain personal information is prohibited from dissemination to the public under state and federal laws, details such as phone numbers, social security numbers, mental health information, financial accounts, and home addresses may be redacted from some files.
