Iowa Judgment by Default - B 261B

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US-B-261B
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Description

This form is a judgment by default. This form is used to issue a judgment in favor of plaintiff against the defendant.

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FAQ

If the debt is based on an unwritten contract (like many credit cards), the time limit is five years from the date of the last payment or charge on the card, whichever is more recent. If the debt is based on a written contract, the time limit is ten years from the date you made the last payment or broke the contract.

The statute of limitations for small claims judgments for execution purposes is twenty years, and liens on those judgments exist for ten years. See Iowa Code sections 614.1(6), 624.23(1), 626.2 and 631.12. However, a judgment can be renewed by filing a new action.

You must electronically file this Appearance and Answer using EDMS at unless you obtain from the court an exemption from electronic filing requirements.

The renewal of judgment allows the creditor to take legal action to collect the debt, including wage garnishment, bank levy, and even property foreclosure. This can be done by enforcing the judgment through court orders such as garnishment, levying on bank accounts, and foreclosing on property.

A Praecipe is a legal document that tells the clerk of court to begin the legal process of collecting (executing on) a judgment that the defendant is not paying. The praceipe directs the clerk of court to issue an execution directed to the sheriff of the county where the asset or property is located.

Judgments are valid for a period of twenty years. Iowa Code § 614.1. Judgments are liens upon the real estate owned by the defendant for a period of ten years from the date of the judgment.

Time limits for most types of civil cases in Iowa range from two to five years, while most serious misdemeanors have a three-year statute of limitations.

If the plaintiff fails to appear, but the defendant appears, the claim will be dismissed with prejudice, meaning the plaintiff may not refile the same claim. If the plaintiff appears, but the defendant does not, the court will enter a default judgment against the defendant.

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Iowa Judgment by Default - B 261B