Small Claims Court in Polk County

In Polk County, IA small claims cases are filed in the Judicial District Court 5. Allen 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 Polk Court System.

Small Claims Court

At Polk county Iowa the small claims court handles civil disputes over minor amounts of money. If you’re looking for the specific laws related to this process in Iowa, you can find them in chapter 631 of the Iowa Code.

A small claims case is a legal process for resolving disputes where the amount in question is $6,500 or less. This type of court can also handle cases related to landlord-tenant disagreements, such as those involving eviction. In small claims court, disputes are decided by a judge rather than a jury.

Cases Handled

Here are some examples of cases that you might handle in Small Claims Court:

• Tenant/Landlord Disputes: Issues between renters and property owners, such as security deposit disputes or eviction matters.
• Personal Injury: Claims for minor injuries resulting from accidents or negligence.
• Stolen Property: Cases where property has been taken unlawfully, and you’re seeking its return or compensation.
• Damaged Property: Claims for damage to personal property caused by others.
• Debt Collection: Efforts to recover unpaid debts from individuals or businesses.
• Auto Repair Issues: Disputes over faulty repairs or unfulfilled agreements with auto repair shops.
• Poor Construction Work: Complaints about substandard work 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: Disputes arising from unfulfilled agreements or promises that were not put in writing.

Filling a Claim

To start a small claims case, you'll need to file the correct small claims Original Notice form electronically and pay a $95 filing fee. Be aware that there might be an extra cost for serving the petition to the other party. After you've submitted the Original Notice and paid all required fees, your case will be officially underway. Generally, you'll need to file electronically unless you have special permission from the court to file on paper.

Instructions for Filing a Small Claims

Forms to Complete To file a claim for the return of personal property in Iowa Small Claims Court, use the forms available in fillable format on the Iowa Judicial Branch website under the "Court Rules and Forms" tab. Here’s what you need to do: A. Original Notice and Petition for Replevin (eForm 3.5):

1. County Information: At the top of the Original Notice form, enter the name of the county where you are filing the lawsuit. You can file in any county where some of the property is located.
2. Plaintiff Details: Provide your full name and address where indicated.
3. Defendant Details: Enter the full name and address of each defendant. If there are multiple defendants, include the details for each one.
4. Small Claims No. and Phone Number: Leave the "Small Claims No." and telephone number fields in the disability assistance notice section blank.
5. Description of Property: In Paragraph 1, describe the property you want returned and state its value.
6. Value of Items: In Paragraph 2, list the value for each item of property you are claiming. As of July 1, 2018, the total value must be $6,500 or less. You can use a separate page to list and value items if needed.
7. Court Request: In Paragraph 3, explain what you want the court to do regarding the property.
8. Your Claim: In Paragraph 4, describe why you believe you have a greater right to the property than the defendant.
9. Possession Status: In Paragraph 5, check the first box unless you know the defendant has the property due to a court order or judgment.
10. Bond Requirement: If you want the property returned immediately, you must post a bond with the clerk of court.
11. Signature and Filing: Electronically sign the Original Notice at the bottom and file it in the appropriate county. For guidance on registering and filing electronically, visit the Iowa Judicial Branch website's eFiling section for training documents or go to the eFile (EDMS) Login page for user guides.

B. Verification of Account (Form 3.27):

• Complete a separate Form 3.27 for each defendant. Attach an itemized statement showing how you calculated your claim amount.

Filing and Fees

• Electronic Filing: File these forms electronically through the Iowa Judicial Branch eFiling website. A $95.00 filing fee will be collected at the time of filing.
• Claim Limit: As of July 1, 2018, the total claim cannot exceed $6,500, excluding interest or court costs. Your total recovery might be more than $6,500.

Serve the Defendant

Each defendant must be notified of your lawsuit by receiving the Original Notice before a trial can take place. After you file 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 can serve the Original Notice in the following ways:

A. Service by Sheriff:

• Procedure: Contact the sheriff's office in the county where the defendant lives to arrange for service. Note that some sheriffs may bill you for their services, while others might require you to pay an advance fee. Reach out to the Civil Process Division of the Sheriff's Department in the relevant county to confirm the applicable fees.

B. Certified Restricted Mail:

• Costs: If you prefer to use certified restricted mail, you'll need to pay the $95.00 filing fee plus an additional $20.00 for each defendant served by certified mail.

What Happens After Filing Your Case

A. Defendant’s Response:

• The defendant generally 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 schedule a hearing date for your case.

C. Dismissal of Case:

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

D. Default Judgment:

• If the defendant does not file an Answer within the required timeframe, the court might issue a Default Judgment against them.

E. Court Appearance:

• You must attend the hearing in person unless a lawyer represents you. Be ready to show proof of service on the defendant and bring any documents or evidence you want the judge to review. 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 for the sheriff to return the property to you.

G. Release and Satisfaction:

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

H. Payments:

• The clerk of court does not handle payments for judgments unless specifically ordered by the court. Payments should be made 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) along with the appropriate filing fee. The court may require you to post a bond to delay the execution of the judgment.

Instructions for the Defendant

If you are a defendant in a small claims case, here’s how you should respond:

I. Answering a Petition for Money Judgment

1. Filing Your Response:
   • 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 you were served by the Secretary of State or the Department of Transportation, you have 60 days from the date of service or filing to file your response.
2. Hearing Process:
   • If you deny or partially admit the claim, a hearing will be scheduled. You will be notified of the date and time. Failure to attend the hearing may result in a judgment against you for the full amount claimed by the plaintiff.
3. Preparing for the Hearing:
   • Contact any witnesses you want to testify on your behalf. You can obtain subpoenas from the clerk of court. Bring all relevant witnesses and documents to the hearing to support your case.
4. Additional Filings:
   • Counterclaim: If you believe the plaintiff owes you money, file a Counterclaim (eForm 3.13).
   • Cross-Claim: If you want to file a claim against another defendant, use a Cross-Claim (eForm 3.14).
   • Petition Against a Third Party: If you think a third party is responsible for the plaintiff's claim, file a Petition (eForm 3.7).
   • Exemption of Property: To protect any exempt property, file an Affidavit of Property Exempt from Execution (eForm 3.21).
5. For help with electronic filing, visit the Iowa Judicial Branch website and check the eFiling section for training documents.

II. Answering a Petition for Forcible Entry and Detainer

1. Notice: You must receive at least three days' notice before the hearing date.
2. Counterclaim: You may file a Counterclaim for amounts due under the rental agreement (Form 3.13).
3. Separate Consideration: The court will handle the Petition for Forcible Entry and Detainer and any claim for unpaid rent as separate issues.
4. Preparing for the Hearing: Attend the hearing to contest the claim. Bring witnesses, documents (including rent receipts), and be ready to present your case. Subpoenas are available from the clerk of court office.
5. Consequences of Absence: If you do not attend the hearing, a judgment may be entered against you.

III. Answering an Action for Replevin

1. Property Handling: The plaintiff may take the disputed property before the hearing if a bond is posted.
2. Counterclaims: Counterclaims are not permitted in replevin actions.
3. Property Management: Do not dispose of or hide the property claimed by the plaintiff.
4. Proof of Ownership: Bring evidence proving your ownership of the property to the hearing.
5. Preparing for the Hearing:
   • Attend the hearing to contest the claim. Bring witnesses and documents that support your case. Be prepared to explain your side. Subpoenas can be obtained from the clerk of the court office.
6. Consequences of Absence: If you do not attend the hearing, a judgment may be entered against you.

IV. Responding to a Garnishment

1. Contesting Garnishment:
   • If a Garnishment has been issued, you may contest it by filing a Motion to Quash Garnishment and Request for Hearing (eForm 3.20) within 10 days of receiving the Notice of Garnishment (eForm 3.19).
2. 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

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

Process After Filing the Case

Once you’ve filed your small claims case and the other party has submitted a timely answer, here’s what to expect:

1. Case Assignment:
   • The clerk will schedule your case for a hearing and assign it to the court calendar.
2. Hearing Authority:
   • Most small claims cases are heard by judicial magistrates. However, any judge may also hear a small claims case.
3. Hearing Format:
   • Small claims hearings are designed to be straightforward and informal. Make sure to review tips for representing yourself to be well-prepared.
4. Recording the Hearing:
   • If the hearing is contested, the magistrate will electronically record the proceedings.
   • The hearing will not be recorded by a certified court reporter unless you arrange for one at your own expense.

Party Does Not Appear at the Hearing

If one or both parties fail to appear at the hearing, the following outcomes are possible, unless good cause is shown:

• Both Parties Fail to Appear:
  • The case will be dismissed without prejudice. This means the plaintiff can refile the claim, but 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 enter a default judgment against the defendant.
• Defendant Fails to Appear and Proper Notice Was Given:
  • If the clerk of court confirms that the defendant was properly notified and the plaintiff’s damages are clearly specified, a default judgment will be entered against the defendant.
  • If the plaintiff’s damages are not clearly identified, only a judge can issue a default judgment.

What To Bring to Court

I. General

• Plaintiffs: You are responsible for proving your claim.
• Defendants: You need to present your defense.
• Evidence: Bring all necessary evidence as this may be your only chance to present it. Although appeals are possible, new evidence is generally not allowed on appeal.

II. Types of Evidence

• A. Witnesses:
  • A witness is someone who directly observed or heard relevant events.
• B. Photos and Media:
  • If you use photos or other media, you must provide the equipment to play them and leave a copy with the Court.
• C. Documents:
  • Bring 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.
• D. Diagrams:
  • Diagrams of the scene of an accident can be helpful.
• E. Other Evidence:
  • Damaged items
  • Items that caused the damage
  • Defective items purchased
  • Witness Testimony: Although notarized statements may be accepted, in-person testimony is preferred as it carries more weight. Subpoenas can be obtained from the Clerk of Court if witnesses refuse to appear.

III. Return of Evidence

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

IV. Time Allotted

• The court will allocate time for your trial. If you believe the hearing will exceed this time, inform the Court in writing as soon as possible. If your case takes longer than the allotted time, it may be paused and continued at a later date.

V. Location

Check the order for the hearing location. Arrive at least 10 minutes before your scheduled time and notify the court attendant of your presence.

VI. Details

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

Default judgment

Yes, you can request to have a default judgment set aside. To do this, a defendant must file a motion to set aside the judgment, demonstrating good cause. Grounds for this motion may include:

• Mistake
• Inadvertence
• Surprise
• Excusable neglect
• Unavoidable casualty

This motion must be filed promptly after discovering the grounds for the request, but no later than sixty days after the judgment is entered.

Money Judgment

I. Forms to Complete

1. 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.
2. Fill Out the Form:
   • Enter the county name, your details, and the defendant’s details.
   • Specify the amount owed and the reason (excluding filing fees).
   • Electronically sign and file the form.
3. 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 earlier cases, it’s $5,000. Include the original promissory note if relevant.

II. How to Serve the Forms

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

III. After Filing

1. Defendant’s Response:
   • The defendant must respond within 20 days (or 60 days if served by the Secretary of State).
2. Court Actions:
   • The clerk will set a hearing date if the claim is contested.
   • If you receive full payment before the hearing, file a Dismissal (eForm 3.18).
3. Default Judgment:
   • If the defendant does not respond, a Default Judgment may be issued.
4. Prepare for Hearing:
   • Attend the hearing or have a lawyer. Bring proof of service, documents, and witnesses.
5. After Judgment:
   • File a Release and Satisfaction of Judgment (Form 3.23) if paid post-judgment.
   • Payments are made directly to the party or their attorney, not the clerk.
6. Appeal:
   • File a Notice of Appeal (Form 3.26) within 20 days of the judgment with the appropriate fee. A bond may be required to delay execution.

Appealing a Small Claims Case

If you’re dissatisfied with a small claims judgment, you can appeal the decision. Here’s how to do it:

1. Initiate the Appeal:
   • At the end of the hearing, inform the judge that you wish to appeal, or
   • File a notice of appeal within twenty days after the judgment is rendered.
2. Pay the Docket Fee:
   • Submit the docket fee to the clerk of court within twenty days of the decision.
3. Appeal Review:
   • If a magistrate made the original decision, a district associate or district court judge will hear the appeal.
   • If a district associate judge made the original decision, a district court judge will hear the appeal.
   • If a district court judge made the original decision, another district court judge will review the appeal.
4. Record on Appeal:
   • The appeal will be based on the original record, which typically includes any electronic recordings from the initial hearing if they were made. No additional evidence will be considered.
5. Further Review:
   • If you are not satisfied with the outcome of the appeal, you can request a review by the Iowa Supreme Court. However, the Supreme Court has discretion over whether to review the case; review is not guaranteed.

Courthouses Location

Polk County Courthouse

500 Mulberry Street
Des Moines, IA 50309
(515) 561-5718
https://www.iowacourts.gov/iowa-courts/district-court/judicial-district-5/district/5/county/polk

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 Polk County

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