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Claim by French Quarter Estates~/ IN THE DIS~'RICT COURT OF IOWA r~~?~~r`_ ~~~F~ j IN AND FOR DUBUQUE COUNTY, [OWA t! Plaintiff French Quarter Estates, L.C. 3500 Dodge St, #387, Dubuque IA 52003 EIN:42-1520929 vs. Defendant City of Dubuque, Iowa 50 W 13th St, Dubuque, Iowa 52001 ...._ ., ~ v~i~ Small Claim ORIGINAL NOTICE (Action for money judgment Small Claim No.: 0 ] 311 SCSCO ~ D `~' Date Filed: ~..:: ~`-- ev c~ ~=' ~ ~~~ rn TO THE ABOVE-NAMED DEFENDANT: --~ ~=~, ~~ ~ p~ ~ LJ --i ` YOU ARE HEREBY NOTIFIED that the plaintiff demands from you the amount of $353.53 based on overcharging for water service at 411 W. Locust St., Dubuque IA. UNLESS YOU APPEAR by completing and filing the attached appearance and answer form with the clerk of the court at Dubuque County Courthouse, 720 Central Ave, P.O. Box 1220, Dubuque IA 52004-1220 in Dubuque, Iowa 52001, within 20 days after service of this original notice upon you, judgment shall be rendered against you upon plaintiff's claim together with interest and court costs. IF YOU DENY THE CLAIM AND APPEAR by filing the attached appearance and answer within 20 days after service of this original notice upon you, you will then receive notification from the clerk's office of the place and time assigned for hearing. French Quarter Estates, L.C., Plarnt~ u ,~ / ~`r i~ ame auerly, Manager ,ll~/~ ~/~ :~-/~ /nfarn: ch Quarter Eslales, L. C. /9~'G~ ~ 3500 Dodge St, #387, Dubuque IA 52003 /~~/~~~U,~/~j~Q ~~,~~~ TetePhone: (563) 557-71 12 If assistance of auxiliary aids or services to participate in court due to a disability such as hearing impaired, call tl~e Americans with Disabilities coordinata• at (319) 833-3332. If you are in need of dual party telephone relay services, call Relay Iowa TTY at I -800-735-2942. ~..,,, ~_:. ~~,. ~,~..,~ ?a:.,~` REPRESENTING YOURSELF? S Do you have questions? We want to be helpful, BUT ............... Court employees cannot take sides or give leeal advice. Court emplovees can: -Provide copies of public documents for a fee -Provide forms, if available -Provide general information about the court Court emplovees cannot advise you about: -Your legal rights and remedies -Whether you should file a lawsuit -How laws affect you or others -Explain court procedures in general terms -What information to file with the clerk or tell the judge -Direct you to appropriate offices -How to proceed in court -The meaning of laws While court:ernployees strive~o~k~e helpful, they must follow a#hicaJ rules designated ~o keep Iowa's c©urts .fair and impartial This will ensure that: -Judges and court employees do not use their position to give any individual or unfair advantage in court -You do not receive information that may prove to be incorrect or inconsistent with court rules or law If you want to talk to a iud>ae about your case: For ethical reasons, a judge cannot talk to you about the facts of you case without all sides present. If you want to give the judge information about your case or want the judge to take some action related to your case you must: -Put the request in writing, (provide court case number) -File it in the clerk's office -Provide copies to the other side in the case and to their attorneys Caution: Information provided to the courts is available to all sides. www. iudicial.state.ia.us Iowa Judicial Branch Outreach Committee S:\D331Dubuque\Leadworker\REPRESENTING YOURSELF HANDOUT.docx IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY } ,) Plaintiff(s) /Petitioner(s), ) vs. ) Case 01311 Defendant(s) J Respondent(s)) PROTECTED INFORMATION PURSUANT TO CODE OF IOWA 602.G111 Please note: This form is for the submission of protected information pursuant to Code 602.6111. Please print or type afl information, A party who is a person must submit both social security number and date of birth. All other parties must submit employer identi5cation numbers. *,~*~e*~***~e*~e~~*~***~~***~~~~~*~~c*,~~e~~**~a**~**~r***~c***~r~e~e**~e~c~r~r~e~**~r*~~**~~e~r*~*~e~e~r~c*,~**~ x~~~: Plaintiff(s)/Petitioner(s): Social Security Number or Name: Employer Identification Number: Date of Birth: ~*~~~~*~**~~x**w*,t*~~****~~c~e***~e*~r******~s*,r*~r~r*~r***~x~r,t~*~e***~~r**,~~c**tr*~**~~~r**~*~*~r**~r~~~~~.~ Defendants} /Respondent(s): $ocial Security Number or 1~Tame• employer Idendfication Number: Date of Birth: Other Party (ies): Social Security Number or Name• Employer Identification Number: Date of Birth: Information furnished by: "- Signature: Date:s:D i 3 i Dubuque/fams/CONFINFOEORM(8-'. E= a IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY Plaintiff(s) Name:, Case Plaintiffs} Name: vs. Defendant(s) Name: Address: Date of Birth* Employer identification Number (if known)** ) Defendant(s) Narne: ) Address: ) Date of Birth* ) Employer identification Number (if known)** ) SMALL CLAIMS APPEARANCE AND ANSWER OF DEFENDANT(S) I hereby enter my appearance and DENY / ADMIT the claim of the Plaintiff(s). (choose one) Signature(s) of Defendant(s) ar Defendant's(s7 Attorney Attorney':; Address (if applicable) The Court's address is: Clerk of District Court 720 Central Avenue PO Box 1220 Dubuque, Iowa 52004-1220 *Dates of birth must be furnished by parties appearing as individuals (t~g~ as corporations, partnerships or other legal entities). (Such parties must alsc7 submit their social security numbers on the CONFIDENTIAL SOCIAL SECURITY NUMI3ER form, available from the Clerk of Court.) **F,mployer identification tnurtbers, if they have been issued, moat be furnished by parties who are corporations, partnerships, or other legai entities. scanswer (6/16!04) " SMALL CLAIMS INSTRUCTIONS -DUBUQUE COUNTY . IN GENERAL Small Claims Procedures are designed to enable an individual to collect or settle a debt or settle a small legal controversy UNDER FIVE THOUSAND DOLLARS without a large expense or lengthy legal process. If a party (person, business, etc) wishes to proceed without the benefit of legal counsel, it must be understood that the party has certain obligations. Please read these instructions very carefully before proceeding and refer to them frequently throughout the progress of your Small Claim case. THE CLERK OF DISTRICT COURT (Clerk), THE JITDICIAL MAGISTRATE OR 3UDGE (Court), AND THE SHERIFF ARE PROHIBITED BY LAW FROM ANSWERING LEGAL QUESTIONS. If your question cannot be satisfactorily answered by these instructions, you may conduct your own research (see Code of Iowa, Chapters such as 631 and 648, and Iowa Court Rules, Chapters such as 1 and 3, usually available at your public library or the Court's website www.iowacourtsonline.org), or contact an attorney. All forms referred to in these instructions are available from the Clerk. 1. FILING THE ACTION To begin an action, the Plaintiff(s) must file a completed form called the ORIGINAL NOTICE with the Clerk. There are several ORIGINAL NOTICE forms to choose from depending on a Plaintiff's specific situation. a} Fill in the Plaintiffs' name(s), address(es), date(s) of birth, and employer identification number(s), as appropriate. If the Plaintiff is a business and operated under a business name but is not a corporation, partnership, or other legal entity, the name of the owner must be stated along with the name of the business. (Example: JOHN SMITH, DOING BUSINESS AS SMITH'S GARAGE.) Fill in the date of birth for each such individual or owner. All individual parties MUST submit their social security numbers on the CONFIDENTIAL SOCIAL SECURITY NUMBER FORM. If the Plaintiff is a corporation, partnership, or other legal entity, this fact must be stated (Example: SMITH'S GARAGE, A CORPORATION or SMITH'S GARAGE, A PARTNERSHIP or JOHN SMITH, THE ESTATE OF) and the Plaintiff(s)' employer identification number, if one has been issued, must be entered on the ORIGINAL NOTICE. b) Likewise, fill in each Defendant's name and current specific address. When listing each Defendant's name, follow the same procedures as stated in "a)" above. If known, fill in each defendant's date of birth and employer identification number, as applicable, and submit social security numbers on a CONFIDENTIAL SOCIAL SECURITY NUMBER FORM. c} Fill in what you are demanding from the Defendant. If your demand is for money, state the amount and the reason the Defendant owes you the money. If your demand is for some other action (such as that the defendant vacate real estate that you own: ORIGINAL NOTICE -Action for Forcible Entry and Detainer), state briefly the reason for the demand. d} Sign the ORIGINAL NOTICE and file it and three copies with the Clerk. A FILING FEE OF $50.00 payable to the "Clerk of District Court" is required at the time of filing. In addition, the Plaintiff must pay the cost of service. (See #2.) 2. SERVICE ON DEFENDANT The Plaintiff must decide how service shall be obtained. If the certified mail method is chosen, the Plaintiff must pay the service fees to the Clerk at the time of the filing of the ORIGINAL NOTICE. If the personal service method is chosen, the Plaintiff pays the service fees directly to the Sheriff after the Sheriff notifies the Plaintiff of the amount due. Regardless of which method of service is chosen, the Clerk will arranee for service of the ORIGINAL NOTICE on the Defendant. In order to proceed with the case, including obtaining a DEFAULT JUDGMENT (See #7 on reverse), the Plaintiff is responsible for verifying if service has been completed. Service information (as well as other information about your case) may be obtained by accessing your case on the Court's website: www.iowacourtsonline.ore. You may also verify service by contacting the Clerk. It is best if Plaintiffs wait about two weeks after filing the ORIGINAL NOTICE to contact the Clerk to verify service. Be prepared to furnish the Clerk with your case number (01311 SCSC??????) whenever you inquire about a case.. SERVICE BY CERTIFIED MAIL (BY THE CLERK If this method of service is chosen, the Clerk will mail the ORIGINAL NOTICE to each defendant by certified mail, restricted delivery, return receipt requested. The fee for this method is $10.00 FOR EACH DEFENDANT payable to the "Clerk of District Court" with the filing of the ORIGINAL NOTICE. Service will not be made on Defendants without payment. SERVICE BY PERSONAL SERVICE (BY THE SHERIFF) If this method of service is chosen, the Clerk will deliver the ORIGINAL NOTICE to the Sheriff to be served on each Defendant. The Plaintiff must provide a current, personal delivery address to the Sheriff for such service on each defendant. After service has been made, the Sheriffwill so notify the Plaintiff and indicate the amount due (some Sheriffs require payment before attempting service). The Plaintiff must pay the fees to the Sheriff before proof of service will be filed with the Clerk. SERVICE ON NONRESIDENT DEFENDANTS There are several methods of service available when the Defendant is not a resident of Iowa. Which method a Plaintiff can use may depend on several factors such as how much contact the defendant has with Iowa. When a Defendant does not have sufficient minimum contact with Iowa for other methods, a Plaintiff may be able to use "long-arm service" (Section 617.3 of the Code of Iowa}. The Clerk has forms that must be used when obtaining service by this method. and an ADDITIONAL $10.00 FEE is required when the Plaintiff chooses this method of service. 3. DISMISSAL FOR LACK OF GOING FORWARD Any Small Claim in which service, default judgment, or dismissal has not been obtained on all Defendants within nine days of filing may be dismissed by the Clerk. Also, unless the Court has granted a continuance, any Small Claim in which nothing has been filed in the case for ninety days after the most recent action taken may be dismissed by the Clerk. The Court will not "reinstate" these dismissed claims. Once dismissed for these reasons, a new ORIGINAL NOTICE will have to be filed, new filing and service fees will have to be paid, and new service will have to be obtained if you wish to proceed with the claim. 4. APPEARANCE AND ANSWER OF DEFENDANT To answer the Plaintiff's claim and avoid the possible entry of a Default Judgment, each Defendant must fully compl~t~ an APPEARANCE AND ANSWER form and file it with the Clerk on or before the 20th day after service of the ORIGINAL NOTICE (or within 60 days in some cases involving non-resident defendants). The Defendant may admit or deny, the claim. If the Defendant does not timely appear, the Plaintiff may request a Default Judgment after the 20th (or 60"`) day of appearance time. (See #7, on reverse) The Defendant must also complete and file a CONFIDENTIAL SOCIAL SECURITY NUMBER FORM. if the Defendant admits the claim, the Court will enter judgment and copies of the judgment will '. sent to the parties or attorneys. If all Defendants timely appear and deny (or have been dismissed or defaulted from, the claim, the case will be set for TRIAL. (See #5 on reverse.) SMALL CLAIMS INSTRUCTIONS -DUBUQUE COUNTY (CONTINUED) 5. TRIAL If all Defendants timely appear and deny (or have been dismissed or defaulted from) the claim, the case will be set for TRIAL. The Clerk will notify all parties or their attorneys of the date of the TRIAL. Parties may not have a spouse or friend to appear in their place. If a PLAINTIFF does not appropriately appear at the TRIAL, the Plaintiff's claim will be dismissed with prejudice (the Plaintiff will not be able to start a new action on the same debt) and a judgment for costs will be entered against the Plaintiff. If a DEFENDANT does not appropriately appear at the TRIAL, the Plaintiff may request a Default Judgment against the Defendant for the amount of the claim and court costs. The Plaintiff must however file the items required for Default Judgment in Instruction #7 below. When the parties appear for TRIAL, a trained mediator wit( be assigned to attempt to resolve the claim. If a resolution is not reached, the claim will proceed to TRIAL on that day. The Plaintiff is responsible for bringing evidence to substantiate the claim to the TRIAL. This can be in the form of written contracts, notes, bills, or other written evidence, or witnesses. The TRIAL will be before a Judicial Magistrate (Court) or a Judge (Court) and will be simple and informal. The Court will conduct the TRIAL without regard to technicalities of procedure but the decision must be based on substantial evidence. The Court wilt administer oaths or affirmations to the parties and their witnesses, and examine them in a way as to bring out the truth. The parties may participate in person or by attorney at TRIAL. Once the Court decides the case, the Court enters judgment for Plaintiff or Defendant for whatever amount is found to be due and assesses court costs. The TRIAL shall not be reported (recorded verbatim) by a court reporter unless a party provides a court reporter at the party's expense. The parties may also request the Court to electronically record or tape record the proceeding. The Court may continue the TRIAL from time to time if justice requires. ALL REQUESTS (MOTIONS), MUST BE MADE IN WRITING, filed with the Clerk, and become part of the record. Also, the requesting party must send a copy of the request (motion) to the other parry in the case and confirm that this was done by noting so on the original before filing. 6. INSTALLMENT PAYMENTS After judgment is entered, the Court may allow the Defendant to pay the judgment in installment payments. These payments are made directly to the Plaintiff- not through the Clerk. The judgment will not be otherwise enforceable unless and until the Defendant fails to make the payments as ordered. If the Defendant fails to make the payments as ordered, the Plaintiff must file with the Clerk an AFFIDAVIT OF DEFAULT, showing the unpaid balance. 7. DEFAULT JUDGMENTS If the Defendant has not filed an APPEARANCE AND ANSWER on or before the appearance date in Instruction #4 or does not appear for TRIAL as described in #5, the Plaintiff may be entitled to a DEFAULT JUDGMENT. However, if the default is requested prior to trial, it is the Plaintiffs responsibility to request default entry and entry of judgment by filing with the Clerk the forms called, DEMAND FOR DEFAULT and VERIFICATION OF ACCOUNTS, IDENTIFICATION OF JUDGMENT DEBTOR, AND AFFIDAVIT RE-MILITARY SERVICE. NO DEFAULT JUDGMENT MAY BE ENTERED PRIOR TO TRIAL WITHOUT THESE DOCUMENTS! If the case is based on a written instrument such as a note or contract, the on final of that instrument must also be filed. Before entering the Default Judgment, the Court must decide whether or not the amount demanded by the Plaintiff is readily ascertainable. Readily ascertainable amounts are specific amounts that were generally agreed upon by the parties at the time the debt was incurred. (Examples: Notes, charge accounts, and insufficient funds checks.) Amounts that are not readily ascertainable generally represent the opinion of the Plaintiff. (Example: personal injury damages.) If the amount is not readily ascertainable, the Court will assign the claim to a hearing to determine the amount and will notify the Plaintiff (not the Defendant) of the hearing date. At the hearing, the Court will determine the fair amount and enter judgment for the amount plus court costs. The Court will do this on date of trial if the defendant does not appear for TRIAL. If the amount is readily ascertainable and the forms called, DEMAND FOR DEFAULT and VERIFICATION OF ACCOUNT, IDENTIFICATION OF JUDGMENT DEBTOR, AND AFFIDAVIT RE-MILITARY SERVICE, have been filed with the Clerk, the Court (or Clerk) will enter a Default Judgment against the Defendant for the amount of claim and court costs. HOWEVER, IF THESE FORMS ARE NOT FILED WITHIN NINETY DAYS OF THE EXPIRATION OF ANY PERIOD OF CONTINUANCE, OR THE DATE OF THE LAST ENTRY BEING PLACED ON THE RECORD, THE ACTION SHALL BE DISMISSED BY THE CLERK WITHOUT PREJUDICE. (See #3 above.) 8. AFTER THE JUDGMENT IS ENTERED All judgments are entered on the Index of Liens by the Clerk and remain as a lien against the Defendant's real estate in Dubuque County unless satisfied. The losing party must pay judgments directly to the prevailing party. Judgments may not be paid through the Clerk unless so ordered by the Court. If the Defendant refuses to pay, the Plaintiff may request the Clerk to issue an EXECUTION. It is impossible to cover in these directions all the possibilities of the use of Executions in the collection of judgments, but some of the common ones are briefly mentioned. An Execution is the enforcement of a judgment. Under an Execution, the Sheriff is ordered to attach any property or cash that the Defendant may have in his/her possession, take into his possession any personal property owned by the Defendant that i~ paid for or unmortgaged, and is not exempt by law from Execution, garnish a third party who holds or owes money to the Defendant (bank, savings assn. money, money owed for labor, etc.), or garnish a Defendant's wages. To begin an execution, The Plaintiff must complete and file with the Clerk the forms, PRAECIPE OF EXECUTION, DICTATION TO SHERIFF, and NOTICE OF GARNISHMENT with a $25 filing fee. This fee is recoverable as a cost of the action. For further information on Small Claims, Executions, and Garnishments please consult your attorney or refer to the most recent Code of Iowa (Chapters such as 626 through 631 and 642), which may be available in your public library. 9. SATISFACTION OF JUDGMENT -PENALTY Code of Iowa Section 642.3 When the amount due upon judgment is paid off, or satisfied in full, the party entitled to the proceeds thereof, or those acting for that party, must acknowledge satisfaction thereof upon the record of such judgment, or by the execution of an instrument referring to it duly acknowledged and filed in the office of the clerk of every county wherein the judgment is a lien. (A form for this purpose is available from the Clerk of Court.) A failure to do so within thirty days after having been requested in writing shall subject the delinquent party to a penalty of $100.00 plus reasonable attorney fees incurred by the aggrieved party, to be recovered in an action for satisfaction or acknowledgement by the parry aggrieved. S:DL31Dubuque/SmallClaimsForms/scinstmc6ons (06-29-06)