Small Claims Court in Linn County

In Linn County, IA small claims cases are filed in the Judicial District Court 6. Linn County has one Judicial District Court that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Linn Court System.

Small Claims Court

In Linn County, Iowa, small claims court deals with minor civil disputes involving relatively small sums of money. If you want to look up the exact laws for this process in Iowa, you can check out chapter 631 of the Iowa Code.

Small claims court is designed to handle cases where the claim is $6,500 or less. It can also address issues between landlords and tenants, like eviction cases. Unlike in other courts, disputes in small claims court are decided by a judge rather than a jury.

Cases Handled

Here are some types of cases you might bring to Small Claims Court:

• Tenant/Landlord Disputes: Problems between renters and landlords, like disputes over security deposits or eviction issues.
• Personal Injury: Claims for minor injuries resulting from accidents or negligence.
• Stolen Property: Cases where property has been unlawfully taken, and you’re seeking its return or compensation.
• Damaged Property: Claims for damage to your personal belongings caused by others.
• Debt Collection: Efforts to recover unpaid debts from individuals or businesses.
• Auto Repair Issues: Disputes over faulty repairs or unmet agreements with auto repair shops.
• Poor Construction Work: Complaints about shoddy workmanship or breaches of contract by builders or contractors.
• Product Defects: Issues with defective or faulty products that caused harm or loss.
• Broken Contracts or Verbal Promises: Disagreements arising from agreements or promises that weren’t put in writing.

Filling a Claim

To start a small claims case in Iowa, follow these steps:

1. File the Original Notice Form: You’ll need to complete and submit the small claims Original Notice form electronically, along with a $95 filing fee. Be aware that there could be an additional charge for serving the petition to the other party. After you’ve filed the notice and paid the fees, your case will officially begin. Generally, electronic filing is required unless you have special permission from the court to file on paper.
2. Instructions for Filing a Small Claims Case:
   • Forms to Use: For claims related to the return of personal property, access the forms in fillable format on the Iowa Judicial Branch website under "Court Rules and Forms." A. Original Notice and Petition for Replevin (eForm 3.5):
     • County Information: At the top of the form, specify the county where you’re filing. You can choose any county where some of the property is located.
     • Plaintiff Details: Enter your full name and address.
     • Defendant Details: Provide the full name and address of each defendant. If there are multiple defendants, include their details as well.
     • Small Claims No. and Phone Number: Leave the fields for "Small Claims No." and telephone number blank in the disability assistance notice section.
     • Description of Property: In Paragraph 1, describe the property you seek to have returned and state its value.
     • Value of Items: In Paragraph 2, list the value of each item you’re claiming. The total must be $6,500 or less as of July 1, 2018. Use a separate page if necessary to itemize.
     • Court Request: In Paragraph 3, state what you want the court to do regarding the property.
     • Your Claim: In Paragraph 4, explain why you believe you have a superior right to the property over the defendant.
     • Possession Status: In Paragraph 5, check the first box unless you know the defendant has the property due to a court order or judgment.
     • Bond Requirement: If you want the property returned immediately, you’ll need to post a bond with the clerk of court.
     • Signature and Filing: Electronically sign the form and file it in the appropriate county. For help with electronic filing, visit the Iowa Judicial Branch eFiling section for training resources or the eFile (EDMS) Login page for user guides. B. Verification of Account (Form 3.27):
     • Complete a separate Form 3.27 for each defendant and attach an itemized statement showing how you arrived at your claim amount.
3. Filing and Fees:
   • Electronic Filing: Submit the forms electronically via the Iowa Judicial Branch eFiling website. The filing fee is $95.
   • Claim Limit: As of July 1, 2018, the total claim amount cannot exceed $6,500, not including interest or court costs. However, your total recovery might be more than $6,500.

Serve the Defendant

Before your trial can proceed, each defendant must be formally notified of your lawsuit by receiving the Original Notice. Once you’ve filed your Small Claims Petition and Original Notice electronically, you’ll find the signed Petition and Original Notice, along with a conformed Small Claims Answer and Appearance for each defendant, in the "My Filings" section of your eFiling account. You have a couple of options for serving the Original Notice:

A. Service by Sheriff:

• Procedure: Reach out to the sheriff's office in the county where the defendant resides to arrange for service. Some sheriffs might charge a fee for their services, and others may require an advance payment. Contact the Civil Process Division of the Sheriff's Department in the relevant county to verify the fees and payment procedures.

B. Certified Restricted Mail:

• Costs: If you choose to use certified restricted mail, you will need to pay the $95 filing fee plus an additional $20 for each defendant served via certified mail.

Make sure to choose the method that best fits your needs and budget.

What Happens After Filing Your Case

Here's what you need to know about the next steps after filing your small claims case:

A. Defendant’s Response:

• The defendant typically has 20 days from receiving the Original Notice to file an Appearance and Answer (Form 3.11).

B. Hearing Date:

• The clerk of court will set a hearing date for your case.

C. Dismissal of Case:

• If you recover the property from the defendant before the hearing, you need to electronically file a Dismissal (eForm 3.18).

D. Default Judgment:

• If the defendant fails to file an Answer within the allotted time, the court might issue a Default Judgment against them.

E. Court Appearance:

• You must attend the hearing in person unless you have a lawyer representing you. Be prepared to show proof that the defendant was served and bring any relevant documents or evidence for the judge. If you have witnesses, ensure they are present at the hearing.

F. Judgment and Execution:

• If the court rules in your favor, an Execution may be issued to have the sheriff return the property to you.

G. Release and Satisfaction:

• After receiving the property or payment post-judgment, file a Release and Satisfaction of Judgment (Form 3.23).

H. Payments:

• Payments for judgments are not handled by the clerk of court unless specifically ordered. You should make payments directly to the party entitled to the judgment or their attorney.

I. Appeal:

• If you disagree with the court's decision, you can file a Notice of Appeal (Form 3.26) and pay the appropriate filing fee. The court may require you to post a bond to delay the execution of the judgment.

Make sure to follow these steps carefully to ensure your case proceeds smoothly.

Instructions for the Defendant

If you’re a defendant in a small claims case, here’s how you should handle your response:

I. Answering a Petition for Money Judgment

• Filing Your Response:
  • Deadline: You must electronically file your Appearance and Answer (eForm 3.11) within 20 calendar days of receiving the Original Notice and Petition for a Money Judgment. If served by the Secretary of State or the Department of Transportation, you have 60 days from the date of service or filing to respond.
• Hearing Process:
  • Hearing Scheduling: If you deny or partially admit the claim, a hearing will be set. You’ll be notified of the date and time. Not attending could result in a judgment against you for the full amount claimed by the plaintiff.
• Preparing for the Hearing:
  • Witnesses and Subpoenas: Arrange for any witnesses you want to testify on your behalf. Obtain subpoenas from the clerk of court if needed. Bring all relevant witnesses and documents to support your case.
• Additional Filings:
  • Counterclaim: If you believe the plaintiff owes you money, file a Counterclaim (eForm 3.13).
  • **Cross-Claim:**To claim against another defendant, use a Cross-Claim (eForm 3.14).
  • Petition Against a Third Party: If you think a third party is responsible, file a Petition (eForm 3.7).
  • Exemption of Property: To protect exempt property, file an Affidavit of Property Exempt from Execution (eForm 3.21).\

For help with electronic filing, visit the Iowa Judicial Branch website and check the eFiling section for training materials.

II. Answering a Petition for Forcible Entry and Detainer

• Notice:
  • You must receive at least three days' notice before the hearing date.
• Counterclaim:
  • You can file a Counterclaim for amounts due under the rental agreement (Form 3.13).
• Separate Consideration:
  • The court will handle the Petition for Forcible Entry and Detainer separately from any claim for unpaid rent.
• Preparing for the Hearing:
  • Attend the hearing, bringing witnesses, documents (including rent receipts), and be ready to present your case. Subpoenas can be obtained from the clerk of court office.
• Consequences of Absence:
  • Failure to attend the hearing may result in a judgment against you.

III. Answering an Action for Replevin

• Property Handling:
  • The plaintiff might take the disputed property before the hearing if a bond is posted.
• Counterclaims:
  • Counterclaims are not allowed in replevin actions.
• Property Management:
  • Do not dispose of or hide the property claimed by the plaintiff.
• Proof of Ownership:
  • Bring evidence proving your ownership of the property to the hearing.
• Preparing for the Hearing:
  • Attend the hearing to contest the claim, and bring any supporting witnesses and documents. Be prepared to present your side. Subpoenas can be obtained from the clerk of court office.
• Consequences of Absence:
  • Not attending the hearing may result in a judgment against you.

IV. Responding to Garnishment

• Contesting Garnishment:
  • To contest a Garnishment, file a Motion to Quash Garnishment and Request for Hearing (eForm 3.20) within 10 days of receiving the Notice of Garnishment (eForm 3.19).
• Exemption of Property:
  • If you have exempt income or property, file an Affidavit of Property Exempt from Execution (eForm 3.21).

V. Payment of Judgments and Appeals

• Payment Before Judgment:
  • If you pay before judgment, the plaintiff must file a Dismissal (eForm 3.18). After judgment, the plaintiff must file a Release and Satisfaction of Judgment (eForm 3.23). Payments should be made directly to the plaintiff or their attorney.
• Appealing a Decision:
  • If you disagree with the court’s decision, file a Notice of Appeal (eForm 3.26) along with the appropriate fee. The court may require a bond to delay the judgment’s execution.

Handling each of these steps carefully can help ensure that your case is managed properly and your rights are protected.

Process After Filing the Case

Once you’ve filed your small claims case and the other party has submitted their response, here’s what you can expect:

• Case Assignment:
  • The clerk will schedule your case for a hearing and add it to the court calendar.
• Hearing Authority:
  • Typically, small claims cases are heard by judicial magistrates, but any judge can also handle a small claims case.
• Hearing Format:
  • Small claims hearings are meant to be straightforward and informal. To prepare, review tips for representing yourself effectively.
• Recording the Hearing:
  • If the case is contested, the magistrate will electronically record the hearing. However, a certified court reporter will not record it unless you specifically arrange and pay for one yourself.

Party Does Not Appear at the Hearing

If one or both parties miss the hearing, the following outcomes are possible, unless a valid reason is provided:

• Both Parties Fail to Appear: The case will be dismissed without prejudice. This means the plaintiff can refile the claim, but they will need to pay the $95 filing fee again.
• Plaintiff Fails to Appear, but Defendant Shows Up: The case will be dismissed with prejudice. This means the plaintiff cannot refile the same claim.
• Plaintiff Appears, but Defendant Does Not: The court will issue a default judgment against the defendant.
• Defendant Fails to Appear and Proper Notice Was Given: If the clerk of court verifies that the defendant was properly notified and the plaintiff’s damages are clearly stated, a default judgment will be entered against the defendant. If the damages are not clearly specified, only a judge can issue a default judgment.

What To Bring to Court

Here’s what you need to know to prepare for your small claims hearing:

I. General

• Plaintiffs: You are responsible for proving your claim.
• Defendants: You need to present your defense.
• Evidence: Bring all relevant evidence, as this may be your only opportunity to present it. Although you can appeal, new evidence generally cannot be introduced during an appeal.

II. Types of Evidence

• Witnesses: A witness is someone who directly observed or heard relevant events.
• Photos and Media: If you use photos or other media, you must provide the necessary equipment to display them and leave a copy with the court.
• Documents: Bring important documents such as checks, statements, leases, tax records, and original contracts. Leave originals with the court and keep copies for yourself and, if possible, for the opposing party.
• Diagrams: Diagrams, such as those depicting an accident scene, can be useful.
• Other Evidence: This can include damaged items, items that caused damage, or defective purchased items.
• Witness Testimony: In-person testimony is preferred over notarized statements. If witnesses refuse to appear, you can obtain subpoenas from the Clerk of Court.

III. Return of Evidence

• Evidence can be returned upon request and court order after the 20-day appeal period. The person receiving the evidence must provide a receipt. Evidence is not automatically mailed back.

IV. Time Allotted

• The court will allocate a specific amount of time for your trial. If you think the hearing will take longer, notify the court in writing as soon as possible. If your case runs over the allotted time, it may be paused and continued on another day.

V. Location

• Check the order for the hearing location. Arrive at least 10 minutes early and inform the court attendant of your arrival.

VI. Details

• Dress Code: Dress appropriately for court.
• Children: Do not bring small children to court hearings.

Being well-prepared and following these guidelines will help ensure that your hearing goes smoothly.

Default judgment

Yes, you can request to have a default judgment set aside. To do so, a defendant must file a motion to set aside the judgment and demonstrate good cause. Acceptable grounds for this motion may include:

• Mistake: An error that occurred in the process.
• Inadvertence: Something that was overlooked or not noticed.
• Surprise: An unexpected development that prevented you from responding.
• Excusable Neglect: A failure to act that was reasonable under the circumstances.
• Unavoidable Casualty: An event that could not have been prevented, such as a natural disaster.

This motion must be filed as soon as you discover the grounds for your request, but no later than sixty days after the judgment is entered.

Money Judgment

Here’s a clear guide to handling your small claims case:

I. Forms to Complete

• Select the Right Form:
  • eForm 3.1: For Iowa residents.
  • eForm 3.3: For nonresident motor vehicle owners.
  • eForm 3.4: For nonresident or foreign corporations.
• Fill Out the Form:
  • Enter the county name, your details, and the defendant’s details.
  • Specify the amount owed and the reason for the claim (excluding filing fees).
  • Electronically sign and file the form.
• Verification of Account (Form 3.27):
  • Complete a separate form for each defendant and attach an itemized statement.
  • Note: For claims starting on or after July 1, 2018, the maximum claim is $6,500. For claims before this date, it’s $5,000. Include the original promissory note if relevant.

II. How to Serve the Forms

• Service by Sheriff:
  • Contact the sheriff in the defendant’s county to arrange for service.
• Certified Mail:
  • Pay a $95 filing fee and an additional $20 for each defendant served by certified mail.
• Nonresidents:
  • Use Form 3.3 or 3.4 and consider service through the Secretary of State for an additional $10.

III. After Filing

• Defendant’s Response:
  • The defendant must respond within 20 days (or 60 days if served by the Secretary of State).
• Court Actions:
  • The clerk will schedule a hearing if the claim is contested.
  • If you receive full payment before the hearing, file a Dismissal (eForm 3.18).
• Default Judgment:
  • If the defendant does not respond, a Default Judgment may be issued.
• Prepare for Hearing:
  • Attend the hearing in person or have a lawyer represent you. Bring proof of service, relevant documents, and any witnesses.
• After Judgment:
  • File a Release and Satisfaction of Judgment (Form 3.23) if payment is received post-judgment.
  • Payments should be made directly to the party or their attorney, not to the clerk of court.
• Appeal:
  • If you disagree with the judgment, file a Notice of Appeal (Form 3.26) within 20 days of the judgment and pay the required fee. You may need to post a bond to delay the execution of the judgment.

Always double-check the information and requirements to ensure everything is handled correctly.

Appealing a Small Claims Case

If you’re unhappy with a small claims judgment and want to appeal, here’s what you need to do:

• Initiate the Appeal:
  • Notify the Judge: At the end of the hearing, let the judge know you wish to appeal.
  • File a Notice of Appeal: Alternatively, you can file a notice of appeal within twenty days after the judgment is issued.
• Pay the Docket Fee: -Submit Payment: Pay the docket fee to the clerk of court within twenty days of the judgment.
• Appeal Review:
  • Magistrate’s Decision: If the original decision was made by a magistrate, a district associate or district court judge will review the appeal.
  • District Associate Judge’s Decision: If a district associate judge made the original decision, a district court judge will handle the appeal.
  • District Court Judge’s Decision: If a district court judge made the original decision, another district court judge will review the appeal.
• Record on Appeal:
  • Original Record: The appeal will be based on the original record, including any electronic recordings from the initial hearing if they were made. No new evidence will be considered.
• Further Review:
  • Iowa Supreme Court: If you’re still dissatisfied after the appeal, you can request a review by the Iowa Supreme Court. However, the Supreme Court decides whether to take the case; a review is not guaranteed.

Courthouses Location:

Linn County Courthouse

51 Third Avenue Bridge
Cedar Rapids, IA 52401
(319) 398-3411
https://www.iowacourts.gov/iowa-courts/district-court/judicial-district-6/district/6/county/linn

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Linn County

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