Small Claims

An excellent site for information and forms for a Small Claims Action is the Iowa Judicial web site. The web address is http://www.judicial.state.ia.us/Self_Help/How_to_Represent_Yourself/.

You may also contact the Clerk of District Court at (563) 326-8785 to request information.

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Frequently Asked Questions

Below are a few of the most commonly ask questions in our office.

The defendant is served, what happens?

The defendant has 20 days to answer claims regarding monetary damages. They are provided with an answer form at time of service of the original notice. The defendant is given 5 days to respond in a replevin action, Out of state defendants being served through the secretary of state have 60 days to respond. If no response is given within the appropriate time span, the plaintiff may request a default judgment. However, answers are accepted anytime after the response time as long as the plaintiff has not requested the default judgment yet.

If I win my judgment, how do I collect my money?

After judgment is entered, an execution (garnishment) on the losing party's wages, bank account, or by personal demand. It is the requesting party's responsibility to determine where and how to garnish funds. Contact the clerk to obtain the proper forms for an execution (garnishment).

If I have a judgment, in an auto accident case, and I cannot collect through the garnishment procedures, do I have any other options?

60 days after judgment entry, an SR-150 may be issued to the D.O.T. A written request for the SR-150 must be presented to the Clerk before the Clerk can submit the directive to the D.O.T. The SR-150 is a notice to the D.O.T. advising them of the defendants automobile accident liability. The D.O.T. will suspend the party's driving privilege until the judgment is satisfied in full.

Can I bring witnesses to court for the court hearing? What if the witness I need refuses to appear?

Witnesses are allowed in a Small Claims Trial. Reluctant witnesses may have to be ordered to appear by subpoena. Subpoenas must be served on the individual that is to appear, please research the Iowa Code to determine acceptable methods of service for subpoenas.

When I get my court date, what should I do if it falls on the same day as my vacation or some other important date?

As soon as it is determined that there is a calendar conflict, a new date should be requested. The request will be submitted to the Magistrate for consideration. The opposing party be should be notified of the request and given time to consent or resist the schedule change.

Why do I have to pay court costs if I don't go to court?

Court costs are the fees the other party paid to file the paperwork and have them served on you. It covers part of the cost of the actual filing and the time of the clerks and the magistrate who handle the case.

How can I get a court appointed attorney?

Court appointed attorneys are not allowed in a Civil action unless there is the possibility of a jail sentence.

How much money do I owe? what is the payoff for this case?

The clerk is not allowed to calculate interest. We can tell you the judgment amount, the court costs and the interest rate and what has been paid through our office. Payoff figures will have to calculated an attorney or one of the parties involved in the action.

How do I get my judgment satisfied?

The party receiving the judgment award is responsible for filing a Satisfaction when the judgment has been paid in full. If they fail to file the Satisfaction in a timely manner, the Judge may order the judgment Satisfied if proof of payments can be provided for his/her consideration. If you have paid through the clerks office, we can provide these records.

Is it better to pay the other party directly or do I pay the clerk of court?

We recommend that payment be made through the clerk's office so that the court has a record of payments in the event of a dispute over payments received.

How do I get a lien against a person's house?

A judgment is an automatic lien against any real estate owned by the Judgment debtor.

How do I get a judgment off of my credit report?

If a satisfaction of judgment has been filed with the clerk, send a copy of the satisfaction directly to the credit reporting company. If it has not been filed, you should contact the other party and request the satisfaction be filed. In some cases, a judgment can be satisfied by the court.

Is there a fee to file a counter claim?

There is no fee to file a counterclaim.

When will the counterclaim be heard?

The counterclaim will be heard on the same date as the original claim, unless otherwise ordered by the magistrate.

What is the statute of limitations for different occurrences?

Research the Iowa code for those answers or contact an attorney.

Do I need an attorney to file a small claims action?

It is not necessary to retain an attorney. However, if you wish to have an attorney to represent you or to receive advice, it is up to each individuals own discretion.

What if I cannot afford the small claims filing fee in order to file a small claims suit?

Our office has a form titled Application For Deferral Of Filing Fees. There are certain guidelines that need to be met. If you request is approved by the Magistrate, the Small Claim may be initiated without prepayment of fees. The filing fees are deferred not waived. That means the fees would be assessed against the proper party at the time of the judgment.

Is it my responsibility to inform the Clerks Office of any address change I may have?

When parties to a case have a new address, it is up to the individual to inform us in writing of their new address. We send all notices to the last known address given to us. Without the proper address this could result in not getting important hearing notices that would result in you missing your court date or missing your time to appeal a case.

What are landlords and tenants rights?

That is a legal question that the clerk cannot answer. However, there is a publication put out by legal services corporation of Iowa. It is called (a guide to landlord tenant law in Iowa) the fee for this booklet is $20.00 and can be obtained by writing or calling legal services corporation of Iowa 1111 9th street, suite 230 Des Moines Iowa 50314-2527 or call toll free (800) 532-1275 or (515) 243-2151.

When is forcible entry and detainer court held?

Forcible entry court also known as eviction court is held every Tuesday at 1:00 p.m.

When is a judge available to get a default judgment entered?

A small claim magistrate is available to the public Monday through Friday at 12:45 p.m. for defaults and other issues.

How much time to I have to move once I am evicted?

If you appear at your eviction hearing the judge usually will give you through that weekend to move however, if you do not appear for your hearing the judge will order you out that date. Can I appeal the decision on my eviction case if I don't agree?

An Eviction can be Appealed. There is a $75.00 appeal fee. The Magistrate will order an Appeal Bond be posted for the amount of rent that is owed.

How much does it costs to file a small claims suit?

As of July 1, 2002 the Small Claims filing fee is $50.00.

Can I serve the small claims suit?

No. The Original Notice (Small Claim Action) can be served upon the defendant by one of the following methods: by certified mail which is $10.00 per defendant (if mail is not signed for, additional forms must be filled out and defendant served by other means.) You may also pick the Scott County Sheriff's Office (a deposit is required) or a legal process server (which would bill you for their services.)

How long will my case remain open until I can obtain a judgment?

After 90 days the case will be dismissed under the rule 631.8 if it has not been carried through to a judgment. Please be reminded that the clerk does not notify you in writing or by phone when your case is dismissed per this section.