Claim Kressig, Mark - Small Claims
MARK KRESSIG,
2365 UNNERSITY A VB. #19
DUBUQUE, IA 52001
D.O,B. 2/26/55
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DUBUQUE COUNTY
10: 51Small Claims Division)
IN THE IOWA DISTRICfddi.i&rr FOR
PIN No.
ORIGINAL NOTICE
(Action for Money Judgment)
VS,
Small Claim No..5c..cS 7/0'1
CITY OF DUBUQUE
AMBULANCE SERVICE
50 W. 13TH ST.
DUBUQUE, IA 52001
Date Filed
PIN No.
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY NOTIFIED that the plaintiff(s) demand(s) from you the amount of $ 5000.00 , plus costs,
based on your failure to respond to a medical emergency in a timely manner for Dorothy Kressig, 1733 Lori, Dubuque, Iowa
52001 on May 2,2004. Plus attorney fees in the amount of$500.00. Dorothy Kressig is the mother of the Plaintiff.
UNLESS YOU APPEAR by completing and filing the attached appearance and answer form with the clerk of the court
at the Courthouse in Dubuque Iowa 52001 , within 20 days after service of this original
notice upon you, judgment shall be rendered against you upon plaintiffs claim together with interest and court costs.
IF YOU DENY THE CLAIM AND APPEAR by filing the attached appearance and answer on or before the date specified,
you will then receive notification from the clerk's office of the place and time assigned for hearing.
Judgment Entry
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PI I 0)
JUDGMENT E RY
IT IS HEREBY ORDERED THAT JUDGMENT BE ENTERED AGAiNST THE DEFENDANT(S)
Plaintiff(s)
in the amount of $
from the
with interest at the rate of
%
$
day of
plus court costs in the amount of $
,A. D., 20_, and Attorney Fees in the amount of
IT IS FURTHER ORDERED that the foregoing judgment be paid at the rate of $
Dated this day of A. D., 2 0_
NOTICE OF APPEAL
per
(month)
(week)
given this
day of
20_
(Magistrate)
(CI.ck)
(Clerk'sDe~igne~
(Magistrate)
r->.,'
(County)
~;
j
If you require the assistance of auxiliary aids or services to
participate in Court because of a disability, immediately call
your District ADA Coordinator at . (If you are
hearing impaired, call Relay Iowa TTY at 11-800-735-2942)
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IN THE lOW A DISTRICT COURT FOR DUBUQUE COUNTY
Plaintiff(s) Name:
)
Case
Plaintiff{s) Name:
)
SMALL CLAIMS
APPEARANCE AND ANSWER
OF DEFENDANT(S)
vs.
Date of Birth'"
Employer identification Number (if known)"''''
)
)
)
)
)
Defendant(s) Name:
Address:
)
)
)
)
)
Defendant(s) Name:
Address:
Date of Birth'"
Employer identification Number (if known)"''''
I hereby enter my appearance and DENY I ADMI'I' the claim of the Plaintiff(s).
(choose one)
Signature(s) of Defendant(s) or Defendanfs(s') Attorney
Attorney's Address (if applicable)
The Court's address is:
Clerk of District Court
720 Central Avenue
PO Box 1220
Dubuque, Iowa 52004-1220
*Dates ofblrth must be linnisbed by parties appearing as individuals (nQ! as corporatiOll!. partnerships or otber legal entities). (Sucb parties must also
submit their sooial security Ilumbers on the CONFIDENTIAL SOCIAL SFlCURIT'Y NUMBER fonn, available from the Cleric of Court.)
"Employer identification numbers, if !bey have been issued, must be furnished by parties who are corporations, partnershIp!' or other legal entities.
scan"wer (6116/04)
IN THE lOW A DISTRICT COURT FOR DUBUQUE COUNTY
vs.
)
, )
)
) Case 01311
)
, )
Defendant(s) / Responde'll(s),)
)
Please note: This form is for the submission of sociai security numbers ONLY. Dates ofhirth and
employer identification numbers are not confidential a,;d should appear on the heading or face oflhe
petition, answer, etc. Please print or type all information.
Plainfiff(s) / Petitioner(s),
CONFIDENTIAl, SOCIAL
SECURITY NUMBER FORM
Social Security Number
Name
Plaintiff( s) / l.
Petitioner(s)
2.
3.
4.
5.
Defendant(s) /1.
Respondent(s)
2.
3.
4.
5.
Other Parties 1.
2.
3.
Information supplied by
Signature:
Date:
(l!)NFINFOFORM(H-03)
. "
.
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 JUDICIAL MAGISTRATE OR JUDGE (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 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 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 Plaintiffl: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, 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 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 arrange for service of the ORIGINAL NOTICE on the Defendant.
In order to proceed with the case, including obtaining a DEF AUL T 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.lowacourtsonline.orl!. 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 $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, PCfsonal 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 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 ninety
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 Plaintiffs claim and avoid the possible entry of a Default Judgment, each Defendant must fully complete
an APPEARANCE AND ANSWER form and file it with the Clerk on or before the 20th day after service ofthe
ORIGINAL NOTICE (or within 60 days in some cases involving non-resident defendants), The Defendant may admit or deny
the claim. Ifthe Defendant does not timely appear, the Plaintiff may request a Default Judgment after the 20th (or 60th) 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 (CONTINUEp):
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 Plaintiffs 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 ofthe 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 will 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 will 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, f1Ied with the Clerk, and become part of the record. Also, the requesting party must send a copy of the
request (motion) to the other party 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 Plaintiff's 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 I If the case is based on a written instrwnent such as a note or
contract, the orilZinal 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 ofthe 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-MILIT ARY 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 is
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 fiIinl! fee. This fee is recoverable as a cost of the
action.
For further information on Small ClaillJj;, 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 onowa. Section 642.37)
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 fonn 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~faQtiQ!l,C)r acknowledgement by the party aggrieved. scinstructions (10-13-05)
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