Claim Morrison, Patricia
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
aintiffNam~-'h ,C ~ ~ y¡\c í Î : ~C (\) SMALL CLAIMS
:ldress: ~'2c "co.';! (-eC~.k: ) ORIGINAL NOTICE
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ate of Birth* 9- L 9 .. ¡ 9 <; '2
rnployer Identification Number"
,aiDtiffName:
ddress:
OB*
mployer IdeDtificatioD Number**
vs.
efeDdaDt(~Name: C:.. A..'( ~ ~. \~y~kU 'tel t
ddress: ~) L \....~/~I :.L,!--" /1 c~-«.t-
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OB*
mployer IdeDtificatioD Number**
lefeDdaDt(s) Name:
,ddress:
10B*
:mployer IdeDtificatioD Number"
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(ActiOD for MoDey Judgmeut)
CASE 01311 SCSCO, ,;3Ji /f
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PLEASE NOTE: If you require tbe assistance of
auxiliary aids or services to participate in court
because of a disability or because you need an
interpreter, immediately call your district ADA
coordinator al (563)589-4448. (If you are
bearing-impaired, call Relay Iowa TTY al
1-800-735-2942).
'0 THE ABOVE NAMED DEFDIDANT(S),
'OU ARE HEREBY NOTIFIED Ihal the Plaintiff(s) demand(s) from you the amount of
c; (-(y....)' cO based OD "S ¿ '\ "".¡¿ C-V(\ d.
(State briefly tbe basis for the demand.)
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JNLESS YOU APPEAR by completing and filing the attached APPEARANCE AND ANSWEk FORM with the Clerk of the
)istricI Court, Dubuque County Courthouse, 720 Central Avenue, PO Box 1220, Dubuque, Iowa 52004-1220, within 20 days
Ifler service of this ORIGINAL NOTICE upon you, judgment shall be rendered against you upon Plaintiff's claim logether
..;Ih interest and costs.
iF YOU DENY THE CLAIM AND APPEAR by filing the attached APPEARANCE AND ANSWER FORM within 20 days
Ifter service of tWs original notice upon you, you will tben receive notification from the Clerk of District Court's office of Ihe
,lace and time for hearing.
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;ignature(s) or Plaintlff(s) or Plalntlff's(s') Attorney ,
Attorney's Address
. Dales of birth must be furnished by parti.. appearing as individuals Úl2! as corporation, partnenhlp or olher entity.) (Such parties must al..
submit tbelrsoclal sentlty numbenon the CONFIDENTIAL SOCIAL SECUITY NUMBER form, available from Ibe Clerk of Court.)
"Employer Identlß",tlon numbers must be furnbhed by parll.. who are corporatIons, partnerships, or other legal entlti... SCORlGINALNOT(6I21/04)
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY :;!V j,:.ðt fV{
Plaintiff Name: ) SMALL CLAIMS ~
Address: ) ORIGINAL NOTICE
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TO TIlli:ABOVE..NAMED DEFEN»AN!f-(S"
YOU ARE HEREBY NOTIFIED that the Plaintiff(s) demand(s) from you the amount of
$ based on
Date of Birth*
Employer Identification Number**
Plaintiff Name:
Address:
DOB*
Employer Identification Number"
vs.
Defendant(s) Name:
Address:
DOB*
Employer Identification Number**
Defendant(s) Name:
Address:
DOB*
Employer Identification Number"
(Action for Money Judgment)
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PLEASE NOTE: If you require the assistaoce of
auxiliary aids or services to participnte in court
because of a disnbility or because you need au
interpreter, immedialely call your districI ADA
coordinator at (563)589-4448. (If you are
bearing-impaired, call Relay Iowa TTY at
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1-800-735-2942).
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(State briefly the basis for the det!ijnd.)
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UNLESS YOU APPEAR by completing nnd filing Ihe attached APPEARANCE AND ANSWER FORM with the Clerk of the
Dislrict Court, Dubuque County Courthouse, 720 Central Avenue, PO Box 1220, Dubuque, Iowa 52004-1220, within 20 days
after service of this ORIGINAL NOTICE upon you, judgment shall be rendered agninst you upon Plaintiff's claim together
with interest and costs.
IF YOU DENY THE CLAIM AND APPEAR by filing the attached APPEARANCE AND ANSWER FORM within 20 days
after service of tWs original notice upon you, you will then receive notification from the Clerk of District Court's office of the
place and time for hearing.
Signatu..(s) of Plaintiff(s) 0' Plaiutlff's(s') Attoruey
Attorney's Address
* Dales of birth must be furnished by parti.s appeariog as individuals Í!!!!! as corporation, partnership or other entity.) (Such parties must also
suhmit their social security numbers on the CONFIDENTIAL SOCIAL SECUITY NUMBER form, available from the Clerk of Court .)
**Employer IdentiOcatlou numbers must be furnished by parties who a.. corpontlons, partnership., or other I..al entities. SCORIGINALNOT(6I2I/O4)
IN THE lOW A DISTRICT COURT FOR DUBUQUE COUNTY
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) Case 01311
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.._-~...._----~---_..~, ) CONFIDENTIAL SOCIAL
Defcndant(s) / RespondeiJi(s).) SECURITY NlJMBER FORM
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Please note: ThJS tÙml IS for the submi"lon of socIa; security numbers ONLY. Dates ofbirtb and
employer identification numbers are not confidentIal ë.,ê should appear on the heading or face of tbe
petition. "",wcr. etc. Please prm! or type all information.
Plaintiff(s) / Petitioner(s),
VS.
Name
Social Security Number
Plaintiff(s) I.
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Petitioner(s)
2.
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3.
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4.
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----~..._-_...._---- -.- -..--.-.
l)d'endant(s)! ].
Respondent(s)
2.
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Other Parties 1.
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lnfomlation supplied by ---~---~-~----_.._-~------
Signature:~~.
Date:
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t:¡pNFtNFOFORM(7.,j-O3)
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
Plaintiff(s) Name:
Plaintiff(s) Name:
Case
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SMALL CLAIMS
vs.
APPEARANCE AND ANSWER
Defendant(s) Name:
Address:
Date of Birth*
Employer identification Number (it'known)**
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OF DEFENDANT(S)
Defendant(s) Name:
Address:
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Date of Birth *
Employer identification Number (ifknown)**
I hereby enter my appearance and
DENY / ADMIT
(choose one)
the claim of the PJaintiff(s).
Signature(s) of Defendant(s) or Defendant's,s') Anorney
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 appeanng as individuals (!!ill as corporations, partnerships or other legal entities). (Such parties must also
submit their social securitY numbers on the CONFIDENTIAL SOCIAL SECURJTY NUMBER fonn, available from the Clerk ofCoul1.)
"Employer identification ';umbers, if they have been issued, must be furnished by parties who are corporations, parmerships. or other legal entitles
scanswer(6!J6IO4)
SMALL CLAiMS iNSTRUCTiONS - DUBUQUE COUNTY
IN GENERAL
Small Claims Procedures are desig¡¡.ed 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 oflegal 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 JUDICIAL MAGISTRATE OR JUDGE (Court),
AND THE SHERIFF ARE PROHIBITED BY LAW FROM ANSWERING LEGAL QUESTIONS. If your questIOn
carmot be satisfactorily answered by these instructions, you may conduct your own research (see Code ofIowa, Chapters such as
631 and 648, and Iowa Court Rules, Chapters such as I and 3, usually available at your public library or the Court's webslte
www.iowacourtsonline.org), or contact an attorney. All founs referred to in these instructions are available from the Clerk.
1. FILING THE ACTION
To begin an action, the Plaimiff(s) must file a completed form called the ORIGINAL NOTICE with the Clerk. There are
several ORIGINAL NOTICE founs to choose from depending on a Plaintiffs specific situation. .
a) Fill in the Plaintiffs' name(s), addressees), date(s) of birth, and employer identification number(s), as appropnate.
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 othef legal entity, this fact must be stated (Example: SMITH'S
GARAGE, A CORPORATION or SMITH'S GARAGE, A PARTNERSHIP or JOHN SMITH, THE EST ATE 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. Ifknown, 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 briet1y the reason for the demand.
d) Sig¡¡. 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. !fthe personal service method is chosen, the
Plaintiff pays the service fees directly to the Sheriff ¡¡fter the Sheriff notifies the Plaintiff of the amount due. Regardless of which
method of service is chosen, the Clerk will arrange 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.or!!. 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 funúsh the Çlerk with yOur case munber (0l311 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 $8.00 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 deliverv address to the Sheriff for such service on each defendant.
After service has been made, the Sheriff will 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 PlaintiΠcan
use may depend on several tàctors 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 617.3'01' the Code ofIowa). The Clerk has founs 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 !ill Defendants within ninetv
~ of filing mav 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 mav be dismissed bv 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 Plaintiffs claim and avoid the possible entry of a Default Judgment, each Defendant must fully complete
an APPEARANCE AND ANSWER fonn 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 Plaintiffmay 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 be
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) (he 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 uot appropriately appear at the TRIAL, the Plaintiff's claÜn will be dismissed with prej udice (llic
Plaintiff will not be able to start a new action on the ;;ame debt) and a judgment for costs will be entered against the plaintiff
If a DEFENDANT does uot appropriately appear at the TRIAL, the Plaintiff may request a DeÜmlt Judgment 'Igainst the
Defendant for the amount of the claim and court costs. The Plaintiff ml\st however tile the items required tor Default Judgment
in Instruction #7 below. . . . .
When the parties appear tor TRIAL, a trained mediator wiJl be assigned to attempt to resolve the claim. If a resolution is
!JQ! reached, the claim will proceed to TRIAL on that day.
The PlaintifI is responsible for bringing evìdenceto substantiate the claim to the TRIAL This can be in the fonn of written
contracts, notes, bills, or other written evidence, or witnesses. The TRIAL will be before a Judicial Magistrate (Coùrt) 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 will adnùnister oaths or amrmations 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 tor Plaintiff or Defendant for whatever amount is found to bc 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
PaJ1y's expense. The parties may also request the Court to electronically record 01' tape record the procee,ding.
The Court may continue the TRIAL trom 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 pårty must send a copy of the
request (motion) to the other party in the case and confirm that this was done by noting ;;0 On the original before tiling.
6. INSTALLMENT PAYMENTS
Alier 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 (hrough the Clerk. The judgment wilJ not be otherwise entorceable uriless and
until the Defendant fails ,to make the payment;; as ordered. If the Defendant fails to make the payments as ordered, the Plaintiff
must tile with the Clerk an AFFIDA VIT OF DEFAULT, showing the unpaid balance.
7. DEFAULT JUDGMENTS
Iflhe Defendant has not tiled an APPEARANCE AND ANSWER on or betore the appearance date in Instruction #4 or
docs not appeal: forTRIAL a;; de;;cribed in #5, the Plaintiff maY' be entitled toa DEFAULT JUDGMENT. However, if the
detàult is requestedpriorto trial, it is the Plaintiffs responsibility to l'equest defaulteflÍry¡(pd entry of judgment by tiling with
the Clerk thetorms called, DEMAND FOR DEFAULT and VERIFICATION OF ACCOUNTS, IDENTIFICATION OF
JUDGMENT DEBTOR, ANDAFFIDA VIT RE-MILITARY SERVICE. NO DEFÂULT JUDGMENT MAY BE ENTERED
PRIOR TO TRIAL WITHOUT THESE DOCUMENTS! If the casJ is based ona written in;;trument such as a note or
contract, the nril!inal of that instrument rhu;;t also be tìled.
Betore eriteringthe Default Judgment, the Colir( 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. (Example;;: Notes, charge account;;, and insufficientfund8'thecks.) Amounts that are not readily
ascertainable generålly represent the opinion of the PlaintiŒ (Example: persona] irijury damages.)
If the amount is not readily ascertainable, thêCour/ will assign the claim to a hearing to detemÜne the amount and will
notify the PlaintitI (not the Dt;fendapt) of the hearing dilté. At the hearing; the Court will detem1Íne the tàir aB1Ount and enter
judgment tor the amount plu;; court costs. The Court will do thi;; on date of trial if the defendmlt does not appear for TRIAL.
If the amount is readily ascertainable and the form;;. called, DEMAND FOR DEFAULT and VERIFICATION OF
ACCOUNT, IDENTIFICA nON OF JUDOMENTDEBTOR, AND AFFIDAVIT RE-M.ILlT ARY SERVICE, have been filed
with the Clerk, the Court (or Clerk) i-ill~nter a OÚault Judgmerit against the Defendaht tor the amount.of claim and courte"'ts.
HOWEVER, n' THESE FORMS ARE'NOT FIVED WITHIN NINETY DA YS OF hIE EXPIRATION OF ANY PERIOD
OF CONTINUANCE, OR THE DATE OF THE LAST ENTRY BEING PLACED ON Tt,IE 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.crerk and remain asalieri.âgainst tht; Det\:ndant's real estuk in
Dubuque County unless satistied. The losing pal1Y mu;;t pay judgmerits directly to thêprt;vaiJing party. JÚdgments may unt be
paid through the Clerk unless so ordered by the Court.
If the Defendant refuses to pay, the I'laintiffmay requestthe CJerk toi;;sue an EXECUTION. It i;; impossible to cover in
these directions all the possibilities of the use'ofExecution;; in tire coHection of judgments, but some of the common ones are
briefly mentioned.
An Execution is the enforcement of a judgment. Under an Execution, the ShetitI is Qrdered to attach any property or cash
that the Defendant may have in his/her pos;;es;;ion, take into his posse;;sion any personal property owned by the Defendant that is
paid for or unmortgaged, and is not exempt by law trom Execution, garnish a third party who holds or owe;; money to the
Det\:ndant (bank, savings a»n. money, money owed tor labor, etc.), or garnish a Defendant's wages.
On the tarIn, DICTATION TO SHERIFF, the Plaintiff must specifically list the property and/or money and wages that the
Plain<ilIwants the Sheriff to levy against. ThePlaintifftìJes this form with the Clerk and the Clerk issues the Execution.
For further information on SrnaH Clail11$, Executions, and Garnishments please consult your attorney or refer to the most
recent Code ofIowa (Chapters such as 626 through 63] and 642), which may be available in YOUf public library.
9. SATISFACTION OF JUDGMENT - PENALTY (Code of Iowa. Section 642.37)
Wh';l1 Ihe alllUU\1I due upon judgmelll is paid ot): or ,alisri<-d in full, the paÌ1y ent¡¡led to Ihe proceed, thete~t: or Iho,e aetillg tor thai party, musl
acknowledge satisfaction Ihereofupon the reCord of ,u<h judgmel1l, or by the exêcution of an i,,"rument referring to il duly acknowledged and tìled n] ,he
omee "f tlte clerk of every county wherein the judgment i, a lien. (A tom] tor this purpo,e i,~vailahle from the Clerk of Court.) A (¡,ilure 10 do so wilhin
Ihirty days atier having heel.1 r<'1u.esled in writing shall suhjeet the detinquent party to apenaity of$JOO.OO plus reasonable attorney lè-e' incurred hy the
aggrieved party. to he r.;covered in an açlion tor sali.stiJçtion or ae~I},~)wiedgemel1t by the pa¡1y aggrieved. scin'IIwlions (09. t3-041