According to the state of Iowa code, a small claim is any claim under $6,500. No attorney is required for filing or representing oneself in a small claims action.

How do I start a small claims action?

Contact the Clerk of Court for the appropriate forms to be completed electronically, or visit the website at https://www.iowacourts.state.ia.us/Efile//

A garnishment is a legal proceeding taken by a creditor after a judgment is awarded from a court against a debtor. If the creditor knows the debtor has money, or property, in the hand of a third party (wages owed by the debtor’s employer, funds in a bank account, etc.), the creditor may have a garnishment served to recover funds owed on the debt.   

 Iowa Code 642 governs the amount allowed to be withheld. 

 Garnishments expire 120 days from the date it was issued by the Clerk of Court.  

 We suggest you contact your attorney for advice prior to coming to our office.  

 When you deliver the documents needed to process the garnishment, we must receive from you the General Execution, Notice of Garnishment and Directions to the Sheriff form completed.  

Any funds collected from the garnishment will then be dispersed to the Clerk of Court in which the Execution was filed for a judge’s review. It is your responsibility to follow up with the Courts to find out the next step in the process of receiving the wages/funds that were collected.

 No, paperwork is not automatically forwarded to us from the clerk of court. 

 You will need to bring or mail it to our office to be served.  

 We will NOT ACCEPT anything faxed or emailed to our office UNLESS it is absolutely time sensitive.

 Much of efiled court paperwork come with a page with the clerk of court seal at the bottom and the court case number at the top. 

 Many people are missing this page when they bring it to us to be served, but we need this to be included for service.   

 Small claims paperwork may also have a “Appearance and Answer” page to be served as well.  

 Please ask the clerk’s office when you file your paperwork how to print these off.  

 It is not the responsibility of the Civil office to ensure what documents are needed from you for service.

 Directions to the Sheriff is required for service.

 If it is an efiled case, we will upload the return of service to the system after payment is received by our office.

 If it is not an efiled case, we return the documents (upon request) to the requestor after payment is received.

 We require advanced fees from anyone other than most Attorney offices.  

 Contact the Civil Division for a calculated amount, 319-642-3496.  

 Should there be a need for multiple trips, you may be billed any significant added mileage costs.

No, we do not provide forms at our office.  

You will need to find these on your own, either through an online search or through the help of an attorney.  Our office cannot give legal advice and are unable to tell you what notice would be appropriate for your situation.  (see attachment EVICTION)

I have a legal problem but I can’t afford a lawyer, is there someone I can contact to ask questions or get assistance?

The organization listed below might be able to assist you or get you headed in the right direction for assistance.

IOWA LEGAL AID

1111 9th Street, Suite 230

Des Moines, Iowa 50314

Phone number: (515) 243-2151

http://www.iowalegalaid.org/ia/homepage.html

Typically we only serve mental/substance abuse commitments, guardianship papers, or no contact orders to patients at hospitals.

You may request a 10- day check letter notice from the Civil Office.

IF the debtor resides in Iowa County, we will attempt service on that individual at your request & with completed directions for service.  

You may also choose to mail the notice via certified mail to the individual as another option.

No, the Clerk of Court issues substance/mental commitments as well as no contact orders.  

Their phone number is (319) 642-3914.  A No-Contact Order (Civil) is a domestic violence case, an order forbidding the defendant from having any contact with the protected party.  

This order is issued at the request of the protected party according to Iowa Code 236.3A.

This process begins at the Clerk of Court for the county in which the victim resides in The Clerk of Court will provide the Sheriff’s Civil office with the order to serve upon the defendant.

A No-Contact Order (Criminal) prohibits contact with the protected party by the defendant.  

This order is issued automatically by the courts in a domestic violence cases according to Iowa Code 664.3(1).  

This normally involves an arrest of the defendant prior to the no-contact order being issued.