Small claims forms · Iowa
Iowa small claims court forms, filled in for you
Answer a few questions once. Vera fills in the Iowa court's own forms from your answers, walks you through anything left, and gives you one packet to file, with how to file it.
Fill in my forms — start freeIf you were sued: your answer is due 20 days after you were served. Source: Iowa Code 631.4(1) and the Original Notice (Small Claims Form 3.1).
To sue (you're the plaintiff)
Original Notice and Petition for a Money Judgment (Small Claims Form 3.1)Sign online
The court's own form (www.iowacourts.gov)
What to know
- This is the Iowa Judicial Branch's Small Claims Form 3.1: the notice and the petition are one form, and on electronic filing a clerk's signature page is attached as page 3 (the form). Use Form 3.1 if the person you sue lives in Iowa; Form 3.3 is for a nonresident motor vehicle owner or operator and Form 3.4 for a nonresident or foreign corporation (the court's Instructions for Filing a Small Claims Action for Money Judgment).
- Small claims are money claims of $6,500 or less, exclusive of interest and costs (Iowa Code 631.1(1)(b)). Do not include the filing fee or court costs in the amount you claim (the instructions).
- Where to file: the instructions say to file "in the county where you are"; Iowa's general venue law says personal actions "must be brought in a county in which some of the defendants actually reside", and actions for damage to property may also be brought where the damage was sustained (the instructions; Iowa Code 616.17, 616.18). Ask the clerk of court which county is right before you file. Vera fills the county only when your court's name gives it: check it.
- Vera filled your name on the first Plaintiff line and the other side's name on the first Defendant line. From your answers in Court forms it filled your address and the defendant's under the names, a second defendant's name and address on the second Defendant lines if you named one, and your mailing address, telephone and email under the /s/ line. Check the defendant's full name and current address. Leave the "Small Claims No." blank and the telephone number in the disability notice (the instructions).
- From your answers, Vera filled paragraph 1: the amount you are owed and, briefly, why (the form). Check both; the amount is "not to exceed $6500" (the form).
- Paragraph 1 has no blank for interest: it demands "the amount of $ ___ plus court costs", and Vera does not add your interest answer to it. Form 3.27 says "any interest amount owing is accurately stated in the Petition or Original Notice": if you are asking for interest, ask the clerk of court where to state it (the forms).
- Sign electronically on the /s/ line (the form). Vera never signs or dates a form. File it electronically through the Iowa Judicial Branch Electronic Document Management System (EDMS) unless the court has given you an exemption from electronic filing (the form).
- File a Verification of Account (Form 3.27) with it: "You must complete a separate Form 3.27 for each defendant. You must attach an itemized statement showing how you arrived at the amount of your claim" (the instructions).
- Vera does not state the filing fee: the court's small claims page and Iowa Code 631.6(1)(a) give different amounts. Ask the clerk of court what you will be charged before you file (the court's Small Claims page; Iowa Code 631.6(1)(a)).
- Service: you choose. The clerk mails the notice by certified mail, restricted delivery, or has it delivered to a peace officer or other person to serve in person (Iowa Code 631.4(1)(a), (b)). Certified mail costs $20.00 for each party served; for the sheriff, contact the sheriff in the county where the defendant lives about fees (the instructions; Iowa Code 631.6(1)(c)).
- The defendant must appear (file an Appearance and Answer) within 20 days after service, or 60 days when the secretary of state served. If the claim is denied, the clerk sets a hearing 5 to 20 days after the latest timely appearance and notifies you (Iowa Code 631.4(1), 631.5(2); the instructions). You must appear in person at the hearing unless a lawyer appears for you; bring proof of service, your documents and your witnesses (the instructions).
- "Any person, however, may be represented in a small claims action by an attorney"; a party that is not an individual "may be represented by an officer or an employee" (Iowa Code 631.14(1), (3)).
- If your claim is for the return of a residential security deposit: the landlord must return it, or give a written statement of the reasons for keeping any of it, within 30 days after the tenancy ends and the landlord receives your mailing address; a landlord who does not forfeits the right to keep any of it, and bad-faith retention brings punitive damages "not to exceed twice the monthly rental payment in addition to actual damages" (Iowa Code 562A.12(3), (4), (7)). The claim goes on this same form.
Verification of Account, Identification of Judgment Debtor, and Certificate Re Military Service (Small Claims Form 3.27)Sign online
The court's own form (www.iowacourts.gov)
What to know
- The instructions list it with Form 3.1: "You must complete a separate Form 3.27 for each defendant. You must attach an itemized statement showing how you arrived at the amount of your claim" (the court's Instructions for Filing a Small Claims Action for Money Judgment). "This form required for each Defendant" (the form).
- Vera filled the county, your name on the first Plaintiff line, the other side's name on the first Defendant line and after "For defendant:", and the Small Claim No. if your case has one (the form). A second defendant you named in Court forms is on the second Defendant line. Vera fills this copy for the first defendant: for a second defendant, fill another copy with that defendant's name after "For defendant:" and their own items 2 to 4.
- From your answers in Court forms, Vera filled the balance due in item 1 (the amount you claim), where the defendant lives in item 2 when the defendant is a person, and your phone, email and mailing address at the bottom. In item 3 it marked A ("Defendant is not in the military service") if you said the defendant is not on active duty, or C if you said they are. Check each one (the form).
- Still yours: your name after "I,", the date after "as of", where the defendant works and their occupation, and item 4 (disability or confinement). If you marked A, check how you verified it; the Defense Manpower Data Center is at scra.dmdc.osd.mil. If you do not know whether the defendant is in the military, item 3 B says "I have investigated, and I am unable to determine": Vera leaves it for you (the form).
- You "certify under penalty of perjury" that the facts are true: sign and date it, and complete the /s/ block (the form). Vera never signs or dates a form.
- File it electronically through the Iowa Judicial Branch Electronic Document Management System (EDMS) unless the court has given you an exemption from electronic filing (the form).
If you were sued (you're the defendant)
Appearance and Answer of Defendant(s) (Small Claims Form 3.11)Sign online
The court's own form (www.iowacourts.gov)
What to know
- "You must electronically file your Appearance and Answer (eForm 3.11) with the clerk of court within 20 calendar days following the date you received service of the Original Notice"; 60 days if the secretary of state served you (the court's Instructions for Defendant Responding to a Small Claims Action; Iowa Code 631.4(1)). "If you do not file an answer, you risk the chance of having the court enter a default judgment against you" (the court's Small Claims page).
- Vera filled the county, the plaintiff's name on the first Plaintiff line, your name on the first Defendant line and the Small Claim No. if your case has one. Check them against the Original Notice you were served (the form).
- "Check only one": the claim is denied, admitted, or admitted in part with the amount (the form). Vera marked the one your answer in Court forms decides and, if you admit part, filled the amount you said you agree you owe after "admitted in part in the amount of $". Check it; if you left that answer blank, write the amount yourself (the form).
- Vera filled your mailing address, telephone and email from your answers. Sign electronically on the /s/ line (the form). Vera never signs or dates a form. File it electronically through the Iowa Judicial Branch Electronic Document Management System (EDMS) unless the court has given you an exemption from electronic filing (the form). EDMS serves a copy on the plaintiff; the Notice of Electronic Filing says if you must also mail one (the form). "There is no fee for filing an answer" (the court's Small Claims page).
- If you deny the claim or admit only part, a hearing is set and you are notified; if you do not appear, judgment may be entered for the full amount. Bring your witnesses and documents; subpoenas are available at the clerk of court office (the instructions).
- "A defendant may appear in person or by attorney" (Iowa Code 631.5(1)). "Any person, however, may be represented in a small claims action by an attorney"; a party that is not an individual "may be represented by an officer or an employee" (Iowa Code 631.14(1), (3)).
Counterclaim against Plaintiff(s) (Small Claims Form 3.13)Sign online
Only if you claim the plaintiff owes you money.
The court's own form (www.iowacourts.gov)
What to know
- "You may file a Counterclaim if you believe plaintiff owes you money (eForm 3.13)" (the court's Instructions for Defendant Responding to a Small Claims Action). "No counterclaim is necessary to assert an offset arising out of the subject matter of the plaintiff's claim"; a counterclaim larger than a small claim must be a regular pleading (Iowa Code 631.7(4), 631.8(4)).
- Vera filled the county, the plaintiff's name on the first Plaintiff line, your name on the first Defendant line and the Small Claim No. if your case has one (the form).
- If you said in Court forms that you want to sue the plaintiff back, Vera filled the plaintiff after "To Plaintiff(s):" and, in paragraph 1, the amount and why, "not to exceed $6500" (the form). Add any other plaintiff you counterclaim against.
- Vera filled your mailing address, telephone and email from your answers. Sign electronically on the /s/ line (the form). Vera never signs or dates a form. File it electronically through the Iowa Judicial Branch Electronic Document Management System (EDMS) unless the court has given you an exemption from electronic filing (the form). EDMS serves a copy on the plaintiff (the form).
Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.