Bringing or Responding to a Small Claims Action

Bringing an action in small claims court

Before you bring a small claims case, closely read the instructions for self-represented litigants filing small claims actions.  Make sure your case is appropriate to bring in small claims court.

To start the case, first fill out and then electronically file the appropriate small claims Original Notice form. You will pay a filing fee and will also have to pay costs associated with having the defendant in your case officially notified of the case (or “served”).  You must electronically file your case unless you get special permission from the court to file in paper.  

The Iowa Judicial Branch provides official forms to use in Iowa small claims for free on their website. The Iowa Judicial Branch provides two form options:

• Interactive forms that help you fill out the form by asking you questions
• PDF forms in the “Small Claims” folder of the Court Forms page

The Iowa Judicial Branch provides detailed instructions on using the e-filing system on their website. Contact the Clerk of Court in your local courthouse for more information on exceptions to the e-filing rule.

For more information on bringing a small claims case, see the Iowa Judicial Branch’s frequently asking questions section Small Claims, Filing a Petition.

Responding to a small claims action brought against you

If you have received an original notice naming you as the defendant in a small claims case, you should review the instructions for a defendant responding to a small claims action.

You will need to file Form 3.11, Appearance and Answer. There is no fee for filing your Appearance and Answer. You must file your Appearance and Answer within a specific amount of time, so carefully review the information on the number of days you have to respond in the Iowa Judicial Branch’s Instructions for Defendant Responding to a Small Claims Action.

Do not ignore the notice. If you simply ignore the notice and do not respond, the court can enter a judgment against you in favor of the plaintiff.

If you do not fully understand the case or the court process, consider reaching out to an attorney. You may be able to get free legal help from an organization like Iowa Legal Aid or you can hire your own lawyer. More information on finding a lawyer is available here.

If you decide to defend your case on your own, the Iowa Judicial Branch has information on representing yourself here.

What happens if I don't appear at the hearing or the other party does not appear at the hearing?

It is important that you show up to the hearing, whether you are the plaintiff or defendant, and that you are prepared to present your case at the hearing. More information on what you should bring to court is available in the Iowa Judicial Branch’s guide Small Claims Evidence: What to Bring to Court.

Unless good cause is shown that these events shouldn’t happen:

• If both parties do not come to the hearing, the claim will be dismissed without prejudice, meaning the plaintiff may be able to refile the claim (but will need to pay another filing fee).
• If the plaintiff does not come to the hearing, but the defendant does, the claim will be dismissed with prejudice, meaning the plaintiff cannot refile the same claim.
• If the plaintiff comes to the hearing, but the defendant does not, the court will enter a default judgment against the defendant if proper notice of the case was given.
  • The clerk of court will enter a default judgment against the defendant if the plaintiff’s damages are clearly identified, but if the plaintiff’s damages are not clearly identified, only a judge can enter a default judgment on the plaintiff’s claim.

What if a default judgment was entered against you in small claims court?

A defendant may ask the court to set aside a default judgment for good cause, including a mistake, inadvertence, surprise, excusable neglect, or unavoidable casualty. A motion to set aside a default judgment must be filed promptly after the discovery of the grounds, but not more than sixty days after entry of the judgment.