Iowa Instructions for Filing a Small Claims Action for Repletion (174.08 KB) provide a step-by-step guide for filing a small claims action in Iowa for the return of personal property. The document outlines the process of filing the claim, including the necessary forms, the required information, the deadlines for filing, and the court fees. Additionally, it provides information on how to serve the other party, the procedures for trial, and the enforcement of the judgment. The document is divided into two types: The Iowa Small Claims Action for Repletion and the Iowa Small Claims Action for Repletion Under Iowa Code Chapter 631. The former outlines the requirements for filing a small claims action for the return of personal property, while the latter provides information on filing a small claims action for the return of property under Iowa Code Chapter 631.
Iowa Instructions for Filing a Small Claims Action for Replevin (174.08 KB)
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FAQ
In small claims court, cases are tried before a judge, not a jury, and the rules of civil procedure are relaxed. Parties can choose to hire an attorney or represent themselves.
To begin a small claims case, you must file a petition using a court-approved form. Small claims information and instructions, free fillable and savable forms, and free interactive forms are available on the Iowa Judicial Branch website at: .
Replevin is a legal action to regain rightful possession of goods or personal property. It is not an action for damages, but the court ?shall also award damages? for cost incurred due to the wrongful possession of the property. Iowa Code § 643.17.
You must electronically file this Appearance and Answer using EDMS at unless you obtain from the court an exemption from electronic filing requirements.
Iowa Small Claims Forms Information and forms to use in Iowa Small Claims cases suing for money damages or return of property. In a small claims case the amount in controversy is $6,500 or less.
You will then electronically file the appropriate small claims Original Notice form and pay the $95 filing fee. 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 I file my claim, how long before I go to court? Once a petition is filed it must be served upon the opposing party who is then given a reasonable time to respond, usually 20 days from date of service. If an answer is filed denying the claim, the case will be set for a hearing ing to the court's schedule.
The Statute of Limitations in Iowa Civil Cases Generally speaking, the civil statute of limitations in Iowa is two years from the date of your injury. This means you have two years from the date you were injured to file a lawsuit or settle your claim with the person who hurt you.