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Iowa Concern

 

Can I file a small claims action, and if so how do I do it?

There is no “small claims court” in Iowa; instead small claims are filed in the district court sitting in small claims.  In order to qualify for small claims the plaintiff must not be asking for an amount of damages that is more than $5,000.  Though it is best to have an attorney assisting you it is not necessary.  To begin a small claims suit you go to the county court house and ask for the Clerk in charge of small claims and ask for the paper work so you can file the Original Notice.  It is important that you are in the correct county.  The correct county is the county where either the would be defendant lives in or the county where the facts causing the claim occurred.  There is also no right to a jury trial in a small claims matter. 
Reference: Iowa Code §631.1 (2003)

Author: Iowa Concern Attorney


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Date last updated: 07/08/2002
Technical issues contact: jvohsman@iastate.edu


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