631.1 Small claims — jurisdiction. 1. The following actions or claims are small claims and shall be commenced, heard and determined as provided in this chapter: a. A civil action for a money judgment where the amount in controversy is five thousand dollars or less for actions commenced before July 1, 2018, exclusive of interest […]
631.10 Failure to appear — effect. Unless good cause to the contrary is shown, if the parties fail to appear at the time of hearing the claim shall be dismissed without prejudice by the court; if the plaintiff fails to appear but the defendant appears, the claim shall be dismissed with prejudice by the court […]
631.11 Hearing. 1. Informality. The hearing shall be to the court, shall be simple and informal, and shall be conducted by the court itself, without regard to technicalities of procedure. 2. Evidence. The court shall swear the parties and their witnesses, and examine them in such a way as to bring out the truth. The […]
631.12 Entry of judgment — setting aside default judgment. 1. The clerk shall immediately enter the judgment in the small claims docket and district court lien book, without recording. Relief shall be granted as is appropriate. Upon entering judgment, the court may provide for installment payments to be made directly by the party obligated to […]
631.13 Appeals. 1. Notice. An appeal from a judgment in small claims may be taken by any party by giving oral notice to the court at the conclusion of the hearing, or by filing a written notice of appeal with the clerk within twenty days after judgment is rendered. In either case, the appealing party […]
631.14 Representation in small claims actions. 1. Actions constituting small claims may be brought or defended by an individual, partnership, association, corporation, or other entity. In actions in which a person other than an individual is a party, that person may be represented by an officer or an employee. 2. a. In actions concerning residential […]
631.15 Standard forms. The supreme court shall prescribe standard forms of pleadings to be used in small claims actions. Standard forms promulgated by the supreme court shall be the exclusive forms used. [C73, §631.4; C75, 77, 79, 81, §631.15] 83 Acts, ch 101, §126 Referred to in §631.3, 631.7 Forms prescribed by the supreme court […]
631.16 Discretionary review. 1. A civil action originally tried as a small claim shall not be appealed to the supreme court except by discretionary review as provided herein. 2. “Discretionary review” is the process by which the supreme court may exercise its discretion, in like manner as under the rules pertaining to interlocutory appeals and […]
631.17 Prohibited practices. 1. The district court, after due notice and hearing, may bar a person from appearing on the person’s own behalf in any court governed by this chapter on a cause of action purchased by or assigned for collection to that person for any of the following: a. Falsely holding oneself out as […]
631.2 Jurisdiction and procedures. 1. The district court sitting in small claims shall exercise the jurisdiction conferred by this chapter, and shall determine small claims according to the statutes and the rules prescribed by this chapter. Except when transferred from the small claims docket as provided in section 631.8, small claims may be tried by […]
631.3 Commencement of actions — clerk to furnish forms — subpoena. 1. All actions shall be commenced by the filing of an original notice with the clerk. At the time of filing, the clerk shall enter on the original notice and the copies to be served, the file number and the date the action is […]
631.4 Service — time for appearance. The manner of service of original notice and the times for appearance shall be as provided in this section. 1. Actions for money judgment or replevin. In an action for money judgment or an action of replevin the clerk shall cause service to be obtained as follows, and the […]
631.5 Appearance — default. This section applies to all small claims except actions for forcible entry and detainer pursuant to chapter 648 and actions for abandonment of mobile homes or personal property pursuant to chapter 555B. 1. Appearance. A defendant may appear in person or by attorney, and by the denial of a claim a […]
631.6 Fees and costs. 1. The clerk of the district court shall collect the following fees and costs in small claims actions, which shall be paid in advance and assessed as costs in the action: a. Fees for filing and docketing shall be ninety-five dollars. b. Fees for service of notice on nonresidents are as […]
631.7 Parties, pleadings, and motions. 1. Except as specifically provided in this chapter, there shall be no written pleadings or motions unless the court in the interests of justice permits them, in which event they shall be similar in form to the original notice. 2. Motions, except a motion under rule of civil procedure 1.246 […]
631.8 Procedure. 1. Small claims not determined within ninety days following the expiration of any period of continuance or following the last entry placed on the record for that action shall be dismissed by the clerk without prejudice. 2. In small claims actions, if a party joins a small claim with one which is not […]
631.9 Jurisdiction determined. At the time set for the hearing of a small claim, the court first shall determine that proper notice as provided in section 631.5, subsection 4, has been given a party before proceeding further as to that party, unless the party has appeared or is an existing party, and also shall determine […]
