2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 3 - Civil Procedure
CHAPTER 631 - SMALL CLAIMS
631.4 - SERVICE -- TIME FOR APPEARANCE.

        631.4  SERVICE -- TIME FOR APPEARANCE.
         The manner of service of original notice and the times for
      appearance shall be as provided in this section.
         1.  Actions for money judgment or replevin.  In an action for
      money judgment or an action of replevin the clerk shall cause service
      to be obtained as follows, and the defendant is required to appear
      within the period of time specified:
         a.  If the defendant is a resident of this state, or if the
      defendant is a nonresident of this state and is subject to the
      jurisdiction of the court under rule of civil procedure 1.306, the
      plaintiff may elect service under this paragraph, and upon receipt of
      the prescribed costs the clerk shall mail to the defendant by
      certified mail, restricted delivery, return receipt to the clerk
      requested, a copy of the original notice together with a conforming
      copy of an answer form.  However, if the defendant is a corporation,
      partnership, or association, the clerk shall mail to the defendant by
      certified mail, return receipt to the clerk requested, a copy of the
      original notice with a conforming copy of an answer form.  The
      defendant is required to appear within twenty days following the date
      service is made.
         b.  If the defendant is a resident of this state, or if the
      defendant is a nonresident of this state and is subject to the
      jurisdiction of the court under rule of civil procedure 1.306, the
      plaintiff may elect service under this paragraph, and upon receipt of
      the prescribed costs the clerk shall cause a copy of the original
      notice and a conforming copy of an answer form to be delivered to a
      peace officer or other person for personal service as provided in
      rule of civil procedure 1.302(5), 1.305, or 1.306.  The defendant is
      required to appear within twenty days following the date service is
      made.
         c.  If the defendant is a nonresident of this state and is
      subject to the jurisdiction of the court under rule of civil
      procedure 1.306, the plaintiff may elect service in any other manner
      that is approved by the court as provided in that rule, and the
      defendant is required to appear within sixty days after the date of
      service.
         d.  If the defendant is a nonresident of this state and is
      subject to the jurisdiction of the court under section 617.3, the
      plaintiff may elect that service be made as provided in that section.
      The clerk shall collect the prescribed fees and costs, and shall
      cause duplicate copies of the original notice to be filed with the
      secretary of state and shall cause a copy of the original notice and
      a conforming copy of an answer form to be mailed to the defendant in
      the manner prescribed in section 617.3.  The defendant is required to
      appear within sixty days from the date of filing with the secretary
      of state.
         2.  Actions for forcible entry and detainer.
         a.  In an action for forcible entry and detainer under chapter
      648, the clerk shall set a date, time and place for hearing, and
      shall cause service as provided in this subsection.
         b.  Original notice shall be served personally upon each
      defendant as provided in rule of civil procedure 1.305, which service
      shall be made at least three days prior to the date set for hearing.
      Upon receipt of the prescribed costs the clerk shall cause the
      original notice to be delivered to a peace officer or other person
      for service upon each defendant.
         c.  If personal service cannot be made upon each defendant, as
      provided in rule of civil procedure 1.305, the plaintiff may elect to
      post, after at least two attempts to perfect service upon each
      defendant, one or more copies of the original notice upon the real
      property being detained by each defendant at least three days prior
      to the date set for hearing.  The attempts to perfect personal
      service may be made on the same day.  In addition to posting, the
      plaintiff shall also mail, by certified mail, to each defendant, at
      the place held out by each defendant as the place for receipt of such
      communications or, in the absence of such designation, at each
      defendant's last known place of residence, a copy of the original
      notice at least three days prior to the date set for hearing.  Under
      this paragraph, service shall be deemed complete upon each defendant
      by the filing with the clerk of the district court of one or more
      affidavits indicating that a copy of the original notice was both
      posted and mailed to each defendant as provided in this paragraph,
      whether or not the defendant signs a receipt for the notice.
         d.  If personal service cannot be made upon each defendant in
      an action for forcible entry and detainer joined with an action for
      rent or recovery pursuant to section 648.19, service may be made
      pursuant to paragraph "c".
         3.  Actions for abandonment of manufactured or mobile homes or
      personal property pursuant to chapter 555B.
         a.  In an action for abandonment of a manufactured or mobile
      home or personal property, the clerk shall set a date, time, and
      place for hearing, and shall cause service to be made as provided in
      this subsection.
         b.  Original notice shall be served personally on each
      defendant as provided in section 555B.4.  

         Section History: Early Form

         [C73, § 631.3--631.5; C75, 77, 79, 81, § 631.4] 

         Section History: Recent Form

         84 Acts, ch 1322, § 2; 86 Acts, ch 1077, § 2; 93 Acts, ch 154,
      §19, 20; 95 Acts, ch 125, §13; 96 Acts, ch 1203, § 7; 99 Acts, ch
      155, §13, 14; 2001 Acts, ch 153, §15; 2001 Acts, ch 176, §80; 2004
      Acts, ch 1101, §85; 2009 Acts, ch 21, §12
         Referred to in § 562A.29A, 562B.27A, 631.3