Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
Iowa doesn't require a demand before you file, but a written request for payment is good evidence and may settle the matter.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Iowa you can sue for up to $6,500 in the Small Claims in the Iowa District Court.
Run the 60-second case check to see the last day you can file.
Use the company's exact legal name and serve its registered agent.
1–2 evenings
Form 3.1: Original Notice and Petition (Small Claims). Get the form.
Sign electronically when you e-file. A Verification of Account (Form 3.27) is needed if you're suing on an account.
E-filing creates the court copy. Keep a copy for yourself and include a copy for each defendant to be served.
Filing day
Choose how you'll file:
Usually the county where the defendant lives, or where the contract was to be performed or the problem happened. Ask the clerk if you're unsure.
$115 to file. Certified mail service through the clerk adds $20 per defendant; sheriff fees vary by county. An appeal costs $215. Can't afford it? Ask for a fee waiver: Ask the court to defer the costs if you can't afford them; the forms are on the Iowa Judicial Branch website.
The $115 fee is charged when you e-file. Then arrange service: ask the clerk to send the papers by certified restricted mail ($20 each) or have the sheriff in the defendant's county serve them.
Right after filing
The sheriff can serve the papers, or the clerk can send them by certified restricted mail for $20. A nonresident may sometimes be served through the Secretary of State.
After being served, the defendant has 20 days to file an Appearance and Answer (60 days if served through the Secretary of State).
Sheriff's return of service, or the certified-mail return receipt
The sheriff files the return after serving. For certified mail, make sure the signed return receipt gets into the court file; ask the clerk how they handle it.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
The defendant must file an Appearance and Answer (Form 3.11) within 20 days of service. There's no fee to answer. They can also file a counterclaim.
If you're paid before the hearing, file a Dismissal (Form 3.18). If you're paid after judgment, file a Release and Satisfaction of Judgment (Form 3.23).
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the clerk to issue a subpoena for a witness; it must be served before the hearing.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't answer in time, the court can enter a default judgment. A default can be set aside only if the defendant moves promptly, within 60 days. If you miss the hearing, your case can be dismissed.
Weeks to months
Either side can appeal by saying so at the end of the hearing or filing a notice of appeal within 20 days, and paying the $215 fee in that time. A district judge decides the appeal on the existing record, usually without new evidence.
The court doesn't collect for you. If they don't pay, you can ask for a writ of execution, garnish wages or a bank account, or have the debtor examined about their assets.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.