2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 3 - Civil Procedure
CHAPTER 631 - SMALL CLAIMS
631.5 - APPEARANCE -- DEFAULT.

        631.5  APPEARANCE -- DEFAULT.
         This section applies to all small claims except actions for
      forcible entry and detainer pursuant to chapter 648 and actions for
      abandonment of mobile homes or personal property pursuant to chapter
      555B.
         1.  Appearance.  A defendant may appear in person or by
      attorney, and by the denial of a claim a defendant does not waive any
      defenses.
         2.  Hearing set.  If all defendants either have entered a
      timely appearance or have defaulted, the clerk shall assign a
      contested claim to the small claims calendar for hearing at a place
      and time certain.  The time of hearing shall be not less than five
      days nor more than twenty days after the latest timely appearance,
      unless otherwise ordered by the court.  The clerk shall transmit the
      original notice and all other papers relating to the case to the
      judicial officer to whom the case is assigned, and copies of all
      papers so transmitted shall be retained in the clerk's office.
         3.  Partial service.  If the plaintiff has joined more than
      one defendant, and less than all defendants are served with notice as
      determined by subsection 4, the plaintiff may elect to proceed
      against all defendants served or may elect to have a continuance,
      issuable by the clerk, to a date certain not more than sixty days
      thereafter.  If the plaintiff elects to proceed, the action shall be
      dismissed without prejudice as against each defendant not served with
      notice.
         4.  Return of service.  Proper notice shall be established by
      a signed return receipt or a return of service as provided in rule of
      civil procedure 1.308.
         5.  Notification to parties.  When a small claim is set for
      hearing the clerk immediately shall notify by ordinary mail each
      party or the attorney representing the party, and the judicial
      officer to whom the action is assigned, of the date, time and place
      of hearing.
         6.  Default.  If a defendant fails to appear and the clerk in
      accordance with subsection 4 determines that proper notice has been
      given, judgment shall be rendered against the defendant by the clerk
      if the relief is readily ascertainable.  If the relief is not readily
      ascertainable the claim shall be assigned to a judicial magistrate
      for determination.  

         Section History: Early Form

         [C75, 77, 79, 81, § 631.5] 

         Section History: Recent Form

         84 Acts, ch 1322, § 3, 4; 93 Acts, ch 154, §21; 2003 Acts, ch 151,
      §49; 2004 Acts, ch 1101, §86
         Referred to in § 631.9