Iowa Debt Collection Summons (2022 Guide)

You were having a pleasant day when it happened. There was a knock on the front door. A strange face. An envelope containing court documents. It takes a few moments, but it finally sinks in: you’re being sued.

You’re probably panicking and sleeping less than you should. This article will provide you with crucial information to help you respond to a debt lawsuit in an easier and less stressful manner. Continue reading to find out how to respond to a summons for debt collection in Iowa.

Answering a debt collection summons in Iowa

In Iowa, as in most states, you only have a few days to respond to a debt collection summons. In Iowa, a summons for debt collection is known as an Original Notice and Petition for Money Judgment (the “Petition”). You must file an Appearance and Answer (Form 3.11) to a Petition within 20 calendar days of being served with it.

This rule does have a few exceptions. First, if you were served with the Petition by the Secretary of State, you have 60 days from the date of service to file your Answer with the clerk. Second, if the department of transportation served you with the Petition, you have 60 days from the date the Petition was filed with the department to file an Answer with the clerk.

The court may enter a default judgment against you if you fail to submit your answer by the deadline. A default judgment is an order made in the plaintiff’s favor, usually, for the sum they are suing you for plus costs.

Once a default judgment has been obtained, the plaintiff has the same rights as any other judgment creditor to attempt to collect on it. This implies that, among other things, they might attempt to steal money from your bank accounts and paychecks.

A defendant is legally permitted to request that a default judgment be overturned by filing a motion with the appropriate court. Normally, motions to vacate default judgments are only granted if the judgment was rendered in error, the defendant was never served with the Petition, the judgment was obtained through fraud or misrepresentation on the part of the plaintiff, or the judgment has already been paid in full.

The court might accept your answer even if it is submitted after the deadline if a default judgment has not yet been entered and you have missed the deadline to file your answer.

Answers to Summons Forms in Iowa

To prepare your response, you have a few options.  You can:

• Use the Iowa Judicial Branch Electronic Document Management System to download, complete, and submit an Appearance and Answer of Defendant(s) form.
• If the court grants you an exemption from the electronic filing requirement, you must submit the Appearance and Answer of Defendant(s) form in person.

Responding to a Debt Collection Case in Iowa

In Iowa, the plaintiff must serve the defendant, the party against whom the lawsuit is being brought, with an Original Notice and Petition for Money Judgment.

There are several options available to you if a petition is served on you. By submitting a motion to dismiss, you can ask the court to dismiss the case. The passing of the statute of limitations or improper service of process is a couple of examples of grounds for filing motions to dismiss.

Most of the time, you will need to submit an answer. You may be able to submit a counterclaim and/or cross-claim in addition to your answer, as explained below.

Your chance to tell the court your side of the story is with your Answer, whether it is submitted separately or with the aforementioned forms. To finish and submit your answer, follow these steps.

1. Prepare an answer document

Downloading and filling out an Appearance and Answer of Defendant(s) form will help you get ready to respond. You must complete the case information at the top of the form and select one of three options: either you deny the claim, admit the claim, or acknowledge that you owe only a portion of the claim.

You can also make up your own response. Your own Answer must contain the same fundamental details as those on eForm 3.11. This comprises:

• The name and location of the court
• The names of all plaintiffs
• The names of all defendants
• The small claim case number

You must formally state your response to the claims made in the plaintiff’s Petition in the document’s body below the case information listed above.

2. Respond to each complaint issue

You can check a box on eForm 3.11 to admit, partially admit, or deny the claim. Addressing the issues raised in the Petition can be as easy as simply saying that you “deny the claims” if you are writing your own Answer. The burden of proof rests with the plaintiff, so he must present evidence at trial to support his claims that you are liable for the claimed debt and that he has the right to sue you.

Additionally, you have the choice of denying some accusations while admitting others. For instance, you might acknowledge signing a lease with the plaintiff but dispute owing him any money. If you choose to take this course, be sure to address each and every allegation in the Petition. Address each paragraph separately if the plaintiff has broken down the allegations into numbered paragraphs. For example, “I refute the claims set forth in paragraph 10 of the complaint.”

Additionally, you must list your defenses. These are the reasons why the plaintiff shouldn’t be able to get the money he’s suing for.

3. Make affirmative defenses

Affirmative defenses are essentially a list of reasons why the plaintiff should lose the case. In Iowa, you must explicitly list each affirmative defense in your Answer. If you don’t, you risk losing your right to present the defense at trial.

The following is a list of common Iowa debt collection defenses. Keep in mind that each case is unique, and not all defenses will apply in your case. You may have additional defenses that are not listed below. Before filing your Answer, make sure to investigate all potential affirmative defenses.

• Improper service. The plaintiff must serve you with the Original Notice and Petition in accordance with Iowa debt collection laws. The case may be dismissed if you are not properly served.
• The Iowa debt collection statute of limitations has expired. A plaintiff must sue you within a certain amount of time under Iowa debt collection laws. If he or she does not file a complaint against you before the end of that time period, he or she does not have the standing to bring the case against you. He or she will no longer be able to sue you in the future.
• You do not owe the plaintiff any money. If you did owe the plaintiff money but have since paid all or part of the balance, you can use this defense. If you have paid everything, your case will be dismissed. If you only paid a portion of the debt, the plaintiff will have to prove that there is still money owed to him.
• Debt was discharged in bankruptcy. Creditors frequently file lawsuits after a bankruptcy discharge. Despite being against the law, it regrettably occurs frequently. The plaintiff could not bring legal action against you if the debt was mentioned in your bankruptcy case and you were granted a discharge.
• The debt is unconscionable. This suggests that either the original agreement you entered into was entirely one-sided or that the plaintiff is demanding an amount of money that is excessive in comparison to the original debt amount.
• Unjust enrichment. This defense is available in cases where giving the plaintiff the full amount requested would lead to an unexpected financial windfall. The plaintiff might be demanding an excessive amount of interest on an unpaid debt, for instance.

4. Counterclaims and crossclaims should be asserted

In addition to your Answer, you may also file the following:

• A Counterclaim (eForm 3.13) against the plaintiff (i.e., the plaintiff owes you money)
• A Cross-Claim (eForm 3.14) against another defendant (i.e., another defendant named in the case owes you money)
• A Petition against a party not named in the case that you believe is responsible for the plaintiff’s claim (eForm 3.7)
• An Affidavit of Property Exempt from Execution (eForm 3.21) to protect your assets when the plaintiff attempts to enforce the judgment

5. Serve the plaintiff with the answer and file it with the court

Your response must be submitted electronically through the Iowa Judicial Branch Electronic Document Management System (EDMS). You must request permission from the court if you want to submit the Answer in person at the courthouse. For instance, the court should permit you to manually file your Answer if you do not have access to a computer or the internet.

Your Answer will automatically be served on the plaintiff’s attorney if you submit it electronically. You must personally serve the plaintiff’s attorney if you file it in person.

After filing, the court will send you a notice with important details about the initial hearing and other steps.

Iowa Statute of Limitations on Debts

A creditor must file a lawsuit against you before the deadline specified by Iowa law in order to sue you for an unpaid debt. Iowa Code Chapter 614 regulates the statute of limitations for debt collection in Iowa.

In Iowa, an unwritten contract has a five-year statute of limitations. The time frame is ten years for written agreements. In other words, if you entered into a written contract, such as a promissory note, and stopped paying it, the creditor has ten years to file a lawsuit against you because there was a signed agreement.

The statute of limitations is five years if the creditor is unable to give you a copy of the written agreement (based on an oral contract).

Make sure to mention any defenses to the Iowa debt collection statute of limitations in your response.

What can you do when a process server harasses you for a debt collection lawsuit in Iowa?

Unfortunately, it occurs frequently. When trying to recover a debt from you, creditors, collection companies, and lawyers can be obstinate.

You have significant rights and protections under both the federal Fair Debt Collection Practices Act and the Iowa Debt Collection Practices Act. For instance, when attempting to collect a debt from you, collection agencies are required to adhere to specific procedures. They cannot:

• Threaten violence against you
• Contact family or friends to discuss your debt
• Imply that they work for law enforcement, government, or credit reporting agency
• Misrepresent the amount of your debt
• Call  in the middle of the night
• Contact you if you are represented by an attorney
• Contact you after you have informed them in writing that you don’t want to be contacted

If you believe a debt collector has broken the law, speak with a lawyer or report the situation to one of the following organizations:

Office of the Attorney General of Iowa

Hoover State Office Building

1305 E. Walnut Street

Des Moines, IA 50319

515-281-5926

www.iowaattorneygeneral.gov

Federal Trade Commission

Consumer Response Center

Washington, DC 20508

1-877-382-4357

www.ftc.gov

Organizations that provide legal assistance

If you require legal assistance but are unable to pay for one, you might be qualified to receive free or low-cost services from the following organizations:

Iowa Legal Aid Society

1111 Ninth Street, Suite 230, Des Moines, IA 50314

www.iowalegalaid.org/

1-800-532-1275

What you need to know

In conclusion, this is a review of how to respond to a summons for debt collection in Iowa.

• Deadline: 20 days

Be sure to:

• Create an answer document
• Make a general denial to all claims or respond to each issue separately
• Assert all affirmative defenses
• File any counterclaims or cross-claims
• File your Answer online or in person if you get an electronic filing waiver from the court
• Serve a copy of the Answer to the attorney for the plaintiff if you file your Answer in person