It is not necessary to know exactly how the law applies to your situation before going to Small Claims Court. It is the Judge?s duty to know the law and to apply it to the facts which come out at the hearing.

But it can still be helpful to have some idea of what the basic outlines of the law are in your case. It is helpful in deciding whether you have a good case, and also in deciding what you should emphasize to the Judge. If you have taken the trouble to learn what the law is on some specific point, it would be wise to respectfully mention your understanding of the law to the Judge at the hearing, if only to direct the Judge?s attention to what you feel is important.

How can I find out about how the law applies to my situation before going to Court?

There are two main ways to find out what the law has to say about your set of circumstances.

First:  You could talk to a lawyer. Of course, most lawyers will charge you a fee for giving you any advice or information. But since the information could be very helpful, it might be well worth it. If you have a low income, a lawyer may give you free advice as part of the lawyer?s professional obligation to make legal help available to low-income people. Another possibility would be to go to the Legal Aid office serving your area to ask for free legal help.

Second:  You could look up the law yourself. Most public libraries will have a current copy of the four-volume Code of Iowa, along with an easy-to-use index. Courthouses are also likely to have the Code of Iowa. With a little patience and careful reading, you can often find what you are looking for. You should not be afraid to tell the Small Claims Judge at the hearing what you found out. It might help the Judge apply the law to your case.

BUT REMEMBER:  Even the Code of Iowa does not contain all the law, and the Code of Iowa itself can sometimes be hard to understand. So while it is a good idea to become comfortable with looking up the law yourself, advice should probably be obtained from a lawyer, if possible, in important or complicated situations.