Interest rate per day shall be payable on judgments, decrees, and restitution. Microfilm copies of any public records, 16mm microfilm, roll of ' or less. Microfilm copies of any public records, 35mm microfilm, roll of ' or less. Non-foreclosure cross-claims, counter-claims, third-party claims, counter-petition. Proceeding of Attachment, Replevin, Distress additional to main filing fee.
Transfer of lien money lien is equal to sum of all applicable fees in this table. Court ordered mediation services provided by a circuit court's mediation program. Issuance of writs with a raised seal Writ of Possession, Writ of Execution, etc. Small claims is a simple court process for resolving civil disputes involving small amounts of money.
Applicable Iowa laws may be found in Iowa Code chapter An action for forcible entry and detainer arising out of a landlord tenant dispute can be brought in small claims court. In small claims court, cases are tried before a judge, not a jury. To begin a small claims case, review the instructions for self-represented litigants filing small claims actions.
The official forms to use in Iowa small claims cases are available free of charge on this website. You may have an additional cost for having the petition served on the other party.
Once you have filed the Original Notice and paid the filing fees and other associated fees, you have started your case. You must file electronically unless you get permission from the court to file in paper.
If you have received an Original Notice naming you as a defendant in a small claims case, you should review the instructions for a defendant responding to a small claims action. You will then file an Appearance and Answer form. There is no fee for filing an answer. An individual, partnership, corporation, union, association or any other kind of organization or entity can be a plaintiff or a defendant in a small claims action.
An individual who is a party to a small claims action must represent himself or herself. A partnership can be represented by a partner or an employee. A corporation may be represented by an officer or employee of the corporation. A union, association, or other organization may be represented by a member or an employee. You may not be represented by a lawyer in small claims court. When the defendant receives notice of the small claims filing, he or she may file a "counterclaim" or "setoff" CC with the court.
A counterclaim is a statement by the defendant that he or she is owed money or property by the plaintiff. A setoff is an admission by the defendant that he or she owes some money to the plaintiff, but that the plaintiff also owes the defendant money. If the defendant wishes to file a counterclaim or setoff, the clerk of the county court can provide the proper forms or you may click on the form above. The defendant must provide a brief statement of why the money is owed by the plaintiff.
The defendant must file the counterclaim or setoff with the court and have notice served on the plaintiff at least two days prior to the time of trial. If the setoff or counterclaim exceeds the Small Claims Court limit, the case will be transferred to the regular county court docket and set for trial. A defendant in a small claims court action may remove the case from small claims court and have it considered as a regular civil case on the county court docket.
When this is completed, the case is automatically transferred by the court; the law does not permit the plaintiff to object to the transfer. After the transfer, both the defendant and the plaintiff may have a lawyer represent them during the trial. A defendant desiring a jury trial must ask for a jury trial at the time the transfer is requested.
It is the obligation of the plaintiff on the original claim and the obligation of the defendant on the counterclaim or setoff to persuade the judge that their position and claim is valid. Both parties may bring evidence in the form of documents or witnesses to support their side.
You may simply ask your witness to appear in court and testify. If the person is reluctant or if you are unsure whether the witness will attend the hearing, you may make a written request to the court for a subpoena, which will then be served on the proposed witness and will compel the witness to attend the trial.
If the fee is not paid, the witness is not required to attend the trial and testify. The following are examples of evidence you may wish to consider in certain cases:. If your case involves poor workmanship, bring in a witness who is knowledgeable about the type of work in question, who does not have a direct interest in your case, and who can testify as to the standards of proper workmanship.
In auto accident cases, copies of the police accident report, repair bills or written estimates and photographs of the damages of the accident scene may be helpful. In cases concerning personal injury, medical bills and photographs of the injured party may be beneficial to the court. If there is a question as to damages or the condition of the apartment, witnesses and photographs should be considered as well as repair bills and estimates.
In cases involving faulty merchandise, any warranties or guarantees that may be applicable should be presented. Shortly before the time set for your case, advise the county court staff that you are present and ready for trial.
They will direct you to the proper courtroom. Although trials in small claims court are generally informal, remember that you are in a court of law and all participants are expected to conduct themselves in a courteous manner.
If discourteous conduct or arguments continue after a warning by the judge, the individual may be held in contempt of court and may be fined or jailed.
Present your case in a brief, orderly fashion. If you wish, you may write it out in advance and read it to the court.
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