Small Claims Court in Scott County

In Scott County, IA small claims cases are filed in the Judicial District Court 7. Other counties in Judicial District 7 include Cedar, Clinton, Jackson, and Muscatine. Scott County has one 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 Scott Court System.

Small Claims Court

In Scott County, Iowa, Small Claims Court is where people go to resolve minor civil disputes that involve relatively small amounts of money. If you're curious about the specific rules and processes, you can refer to Chapter 631 of the Iowa Code.

This court handles cases where the claim is $5,000 or less, which could include things like unpaid debts or property damage. It’s also the place for resolving issues between landlords and tenants, such as eviction cases. One key difference from other courts is that in Small Claims Court, a judge makes the final decision, rather than a jury.

Cases Handled

Here are some common types of cases people bring to Small Claims Court:

• Tenant/Landlord Disputes: These might involve issues like disagreements over security deposits or problems with eviction.
• Personal Injury: If you've been hurt in an accident or due to someone’s negligence, you might have a case for minor injuries.
• Stolen Property: If something you own has been stolen, you can seek its return or compensation for its value.
• Damaged Property: If your belongings were damaged by someone else, Small Claims Court could help you recover costs.
• Debt Collection: If someone owes you money, this court can help you pursue what’s rightfully yours.
• Auto Repair Issues: If an auto repair shop did faulty work or didn’t meet their promises, you can seek a resolution.
• Poor Construction Work: If a contractor did a bad job or didn’t fulfill their contract, you might have a case for poor workmanship.
• Product Defects: If a product you bought was defective and caused harm or damage, you can seek compensation.
• Broken Contracts or Verbal Promises: If someone didn’t stick to an agreement, even if it wasn’t written down, this court can help settle the dispute.

Small Claims Court is designed to be an accessible way for people to resolve these types of issues without needing a lawyer.

Filling a Claim

Here’s a step-by-step guide for starting a Small Claims case in Iowa:

1. File the Original Notice Form
   • Complete and Submit the Form: To begin your case, you'll need to file the Original Notice form electronically. You'll also need to pay a $95 filing fee.
   • Additional Service Charges: If the court needs to serve the petition to the other party, there may be an additional fee for that.
   • Electronic Filing: Generally, you must file the form electronically. If you need to file a paper form, you’ll need special permission from the court.
2. Instructions for Filing a Small Claims Case
   • Forms to Use: If your case involves the return of personal property, use the Original Notice and Petition for Replevin (eForm 3.5). You can find fillable forms on the Iowa Judicial Branch website under the Court Rules and Forms section.

A. Complete the Original Notice and Petition for Replevin (eForm 3.5)

• County Information: At the top of the form, indicate the county where you are filing the case. You can choose any county where some of the property is located.
• Plaintiff Details: Provide your full name and address.
• Defendant Details: Enter the full name and address of the defendant(s). If there are multiple defendants, include their details as well.
• Small Claims No. and Phone Number: Leave these fields blank for now (they’ll be filled in by the court).
• Property Description: In Paragraph 1, describe the property you're trying to get back and state its value.
• Value of Items: In Paragraph 2, list the value of each item. The total must be $6,500 or less (as of July 1, 2018). You can use a separate page if needed to list all items.
• 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 the defendant is in possession of the property due to a court order or judgment.
• Bond Requirement: If you want the property returned immediately, you may need to post a bond with the clerk of court.
• Signature and Filing: After filling out the form, sign it electronically and file it with the court. If you're unfamiliar with the e-filing process, the Iowa Judicial Branch website has training resources available.

B. Verification of Account (Form 3.27)

• Complete for Each Defendant: If your case involves a financial claim, you’ll need to submit a separate Form 3.27 for each defendant. This form should include an itemized statement showing how you calculated the amount you’re claiming.

3. Filing and Fees
   • Electronic Filing: Submit your forms electronically through the Iowa Judicial Branch eFiling website.
   • Filing Fee: The filing fee is $95.

By following these steps, you’ll be able to start your Small Claims case in Iowa. Make sure to double-check everything for accuracy and keep track of all the forms and fees.

How to Serve the Forms

Before your Small Claims case can proceed to trial, each defendant must be formally notified about your lawsuit. This is done by serving them with the Original Notice. After you’ve filed your Small Claims Petition and Original Notice electronically, you’ll be able to access the signed Petition and Original Notice, as well as the Small Claims Answer and Appearance for each defendant, in the "My Filings" section of your eFiling account.

You have two options for serving the Original Notice:

A. Service by Sheriff - Procedure: To serve the Original Notice via the sheriff, contact the sheriff's office in the county where the defendant lives. The sheriff will arrange to deliver the notice to the defendant. - Fees: Some sheriff’s offices charge a fee for this service, and they may require you to pay in advance. Be sure to contact the Civil Process Division of the sheriff’s department in the relevant county to confirm the fees and payment process.

B. Service by Certified Restricted Mail - Costs: If you prefer to use certified restricted mail, the cost will include the $95 filing fee, plus an additional $20 for each defendant you serve via certified mail.

Make sure to choose the method that works best for you based on your budget and preferences. Whether you opt for sheriff service or certified mail, both methods ensure the defendant is properly notified, allowing your case to move forward.

What Happens After Filing Your Case

Here’s a summary of the next steps after you’ve filed your Small Claims case:

A. Defendant’s Response - Timeframe: The defendant generally has 20 days from receiving the Original Notice to file an Appearance and Answer (Form 3.11). If they don't respond within this time, the case may move forward without their input.

B. Hearing Date - Scheduled by the Clerk: Once the defendant has been served, the clerk of court will set a hearing date for your case. You’ll be notified of the time and location of the hearing.

C. Dismissal of Case - If You Recover the Property Early: If you manage to recover the property from the defendant before the hearing, you must electronically file a Dismissal (eForm 3.18) to notify the court that the matter has been resolved.

D. Default Judgment - If the Defendant Doesn’t Respond: If the defendant fails to file an Answer within the 20-day period, the court may issue a Default Judgment in your favor, meaning you win the case by default.

E. Court Appearance - Attend the Hearing: You must appear in person unless you have a lawyer representing you. Bring all relevant documents, evidence, and any witnesses who can support your case. Be ready to prove that the defendant was properly served. - Proof of Service: Ensure you have proof (e.g., a sheriff’s return or certified mail receipt) that the defendant received the Original Notice.

F. Judgment and Execution - Court Decision: If the court rules in your favor, they may issue an Execution, which authorizes the sheriff to return the property to you.

G. Release and Satisfaction - After Judgment: Once you receive the property or payment, you must file a Release and Satisfaction of Judgment (Form 3.23) to inform the court that the judgment has been fulfilled.

H. Payments - Direct Payments: Payments for judgments are not handled by the clerk of court unless explicitly ordered. You will need to make payments directly to the party entitled to the judgment or their attorney.

I. Appeal - Disagree with the Decision: If you disagree with the court’s ruling, you can file a Notice of Appeal (Form 3.26) and pay the required filing fee. Depending on the case, the court may also require you to post a bond if you wish to delay the execution of the judgment while the appeal is being processed.

Instructions for the Defendant

I. Answering a Petition for Money Judgment

• File Your Response: File your Appearance and Answer (Form 3.11) within 20 days of receiving the notice (60 days if served by the Secretary of State or DOT).
• Hearing: If you deny or partially admit the claim, a hearing will be scheduled. Don’t miss it—failure to attend may result in a judgment against you.
• Prepare for the Hearing: Bring witnesses, documents, and evidence to support your case. If you have a counterclaim, file it (Form 3.13).

II. Answering a Petition for Forcible Entry and Detainer (Eviction)

• Notice: You must receive 3 days' notice before the hearing.
• Counterclaim: You can file for unpaid rent (Form 3.13).
• Prepare for Hearing: Bring rent receipts, witnesses, and documents.
• Absence Consequence: Missing the hearing may result in eviction.

III. Answering an Action for Replevin (Property Recovery)

• Handling Property: Do not dispose of or hide the property in question.
• No Counterclaims: These aren’t allowed in replevin cases.
• Prepare for Hearing: Bring evidence of ownership and supporting documents.
• Absence Consequence: Missing the hearing may lead to a judgment against you.

IV. Responding to Garnishment

• Contest Garnishment: File a Motion to Quash (Form 3.20) within 10 days of receiving the garnishment notice.
• Exempt Property: File an Affidavit of Property Exempt from Execution (Form 3.21) if you have exempt property or income.

V. Payments and Appeals

• Paying: If you pay before judgment, the plaintiff must file a Dismissal (Form 3.18). After judgment, the plaintiff files a Release (Form 3.23).
• Appeal: If you disagree with the court’s decision, file a Notice of Appeal (Form 3.26) and pay the fee. You may need to post a bond.

Process After Filing the Case

After filing your Small Claims case and the other party has responded, here’s what to expect:

• Case Assignment
  • The clerk will schedule a hearing and add your case to the court calendar.
• Hearing Authority
  • Small claims cases are typically heard by judicial magistrates, though any judge can handle them.
• Hearing Format
  • Hearings are informal and straightforward. Prepare by reviewing tips for representing yourself effectively.
• Recording the Hearing
  • If the case is contested, the magistrate will electronically record the hearing. A certified court reporter will only record it if you arrange and pay for one yourself.

Party Does Not Appear at the Hearing

If one or both parties miss the hearing, here’s what can happen:

• Both Parties Fail to Appear: The case will be dismissed without prejudice, meaning the plaintiff can refile the claim, but must pay the $95 filing fee again.
• Plaintiff Fails to Appear, but Defendant Shows Up: The case will be dismissed with prejudice, meaning 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 verifies the defendant was properly notified and the plaintiff’s damages are clearly stated, a default judgment will be entered against the defendant. If damages aren't clear, only a judge can issue the default judgment.

What To Bring to Court

To prepare for your Small Claims hearing, here’s what you need to know:

I. General

• Plaintiffs: You must prove your claim.
• Defendants: You need to present your defense.
• Evidence: Bring all relevant evidence, as this may be your only chance to present it. New evidence generally cannot be introduced during an appeal.

II. Types of Evidence

• Witnesses: Witnesses must have directly observed or heard relevant events. In-person testimony is preferred, but if witnesses refuse to appear, you can request subpoenas from the Clerk of Court.
• Photos and Media: If using photos or other media, bring the necessary equipment to display them and provide the court with a copy.
• Documents: Bring key documents like checks, leases, tax records, contracts, etc. Leave originals with the court and keep copies for yourself and the opposing party.
• Diagrams: Diagrams, such as accident scenes, can be helpful.
• Other Evidence: This includes items like damaged goods or defective products.

III. Return of Evidence

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

IV. Time Allotted

• The court will assign a specific amount of time for your hearing. If you anticipate needing more time, notify the court in writing beforehand. If the hearing runs over, it may be paused and continued on another day.

V. Location

• Double-check the order for your 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: Leave small children at home—don’t bring them to the hearing.

Default judgment

You can request to have a default judgment set aside. To do so, you must file a motion to set aside the judgment and show good cause. Acceptable reasons for filing the motion include:

• Mistake: An error that occurred during the process.
• Inadvertence: Something that was overlooked or not noticed.
• Surprise: An unexpected event that prevented you from responding.
• Excusable Neglect: A reasonable failure to act under the circumstances.
• Unavoidable Casualty: An event that couldn’t be prevented, like a natural disaster.

You must file the motion as soon as you discover the reason for your request, but no later than 60 days after the judgment is entered.

Money Judgment

Here’s a quick guide to handling your Small Claims case:

I. Forms to Complete

• Choose the Right Form:
  • eForm 3.1: Iowa residents.
  • eForm 3.3: Nonresident motor vehicle owners.
  • eForm 3.4: Nonresident/foreign corporations.
• Fill Out the Form:
  • Include the county, your and the defendant’s details, claim amount, and reason. Electronically sign and file.
• Verification of Account (Form 3.27):
  • Attach an itemized statement for each defendant. Claims can’t exceed $6,500 (post-July 1, 2018).

II. How to Serve the Forms

• Service by Sheriff: Contact the sheriff in the defendant’s county.
• Certified Mail: Pay $95 + $20 per defendant for certified mail.
• Nonresidents: Use Form 3.3 or 3.4 and pay $10 for service via the Secretary of State.

III. After Filing

• Defendant’s Response: Must respond within 20 days (or 60 days if served by the Secretary of State).
• Court Actions: The clerk will schedule a hearing if contested. If paid before the hearing, file a Dismissal (eForm 3.18).
• Default Judgment: Issued if the defendant doesn’t respond.
• Prepare for Hearing: Attend in person, bring proof of service, evidence, and witnesses.
• After Judgment: File a Release and Satisfaction of Judgment (Form 3.23) if paid. Payments go directly to the party or attorney.
• Appeal: File a Notice of Appeal (Form 3.26) within 20 days and pay the fee.
• Tips:
  • Double-check forms and requirements. Keep copies of all documents.

Appealing a Small Claims Case

If you’re unhappy with a Small Claims judgment and want to appeal, here’s what to do:

1. Initiate the Appeal
   • Notify the Judge: At the end of the hearing, inform the judge you want to appeal.
   • File a Notice of Appeal: Alternatively, file a Notice of Appeal within 20 days after the judgment is issued.
2. Pay the Docket Fee
   • Submit Payment: Pay the docket fee to the clerk of court within 20 days of the judgment.
3. Appeal Review
   • Magistrate’s Decision: If the original decision was made by a magistrate, a 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 the original decision was made by a district court judge, another district court judge will review the appeal.
4. Record on Appeal
   • Original Record: The appeal will be based on the original record, including any electronic recordings from the initial hearing. No new evidence will be considered.
5. Further Review
   • Iowa Supreme Court: If still dissatisfied, 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:

Clerk of District Court Scott & Cedar Counties

Scott County Courthouse
400 W. 4th St.
Davenport, Iowa 52801-1104
(563) 326-8704
https://www.scottcountyiowa.gov/courts/clerk-court

BUILDING HOURS

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

CITIES SERVES

• Bettendorf
• Blue Grass
• Buffalo
• Davenport
• Dixon
• Donahue
• Durant
• Eldridge
• LeClaire
• Long Grove
• Maysville
• McCausland
• New Liberty
• Panorama Park
• Park View (CDP)
• Princeton
• Riverdale
• Walcott

Let Squabble Help You With Your Small Claim at Scott County

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