Since some of the words and phrases used in this booklet are probably unfamiliar, here are some brief definitions of selected terms. These definitions will not be very precise; they are only meant to provide some guidance in understanding the contents of this booklet.

Answer  An ‘Answer’ (sometimes called the Appearance and Answer of Defendant) is the paper a Defendant files in response to the Original Notice.

Appeal  An ‘Appeal’ is a review of a Court decision by a ‘higher’ court.

Appearance  An ‘Appearance’ refers to when a person takes part in a court proceeding. A person ‘appears’ by filing papers with the Clerk of Court.

Case  A "Case” or “Court Case” is any legal procedure where one person is suing another person.

Certified Mail  "Certified Mail" is a way of mailing something and getting proof that it was received. The person receiving it signs a receipt, which is then returned to the sender.

Clerk of Court  The ‘Clerk of Court’ is the person who, along with a few assistants, receives Small Claims papers and schedules hearings. The Clerk has an office in the Courthouse, and that office can provide information about Small Claims procedures.

Co-party  A ‘Co-party’ is any Defendant or Plaintiff who is involved in a Small Claims suit along with other Defendants or plaintiffs. When there is more than one Defendant, the Defendants are co-parties to one another. The same is true of Plaintiffs, when there is more than one in the same suit.

Counter-claim  A ‘Counterclaim’ is the title of a legal paper used when a Defendant, who has been sued wants to turn around and sue the Plaintiff in response.

Court Costs  ‘Court Costs’ are the total of fees and payments which have to be made to the Clerk of Court or Sheriff’s Department for the costs of filing and serving papers and for similar expenses.

Cross-Claim Against Co-Party  This is the title of a legal paper used when one party in a Small Claims suit wants to sue a co-party. This is described more fully in the main section of this booklet.

Cross- Petition Against Third Party  This is the title of the procedure (and legal form) which allows a party to a lawsuit to force a person who is not yet involved in the suit to become a party. This is explained more fully in the main part of this booklet.

Cross-Petitioner  A ‘Cross Petitioner’ is a party to a suit, who files a Cross-Petition Against Third Party to bring a new person into the lawsuit.

Default  A party in a Small Claims suit “defaults” when one of two actions take place. A party defaults  when he or she fails to file an Answer when one is required. Another way to default is by failing to show up at a scheduled hearing, without getting a postponement in advance. Then a judgment is entered against the party that defaults.

Defendant  A ‘Defendant’ is a person being sued by someone else.

Dismissal  A ‘Dismissal’ of a suit occurs when a Judge decides that the person who filed the suit does not have a basis for winning. A suite can also be dismissed if a party doesn’t show up for a scheduled hearing.

Dismissal with Prejudice  This is where a suit is dismissed, but cannot be filed again.

Dismissal without Prejudice  This is where a party’s suit is dismissed, but may be filed again if the party chooses

Disposable Earnings  Disposable earnings means that part of any earnings of any person remaining after taking out from those earnings any amounts required by law to be withheld.

District Court  ‘District Court’ is the Court located in the County  Courthouse. Small Claims Court is a part of District Court.

Eviction  An ‘Eviction’ is the legal process a landlord uses to remove a tenant who is holding the property illegally.

Evidence  ‘Evidence’ is the total of what a Judge considers in making a decision about what actually happened in a disputed situation. It includes what people say, photos, papers or anything else presented to the Judge.

Execution  This refers to the legal procedures a person who has won a money judgment against someone else can use. The procedures allow the person to collect the amount of the judgment.

File  To “File” a paper or legal document means to give it to the Clerk of Court, to put it in a special court file with other papers relating to the same case. Most of the time, papers are not considered filed until the Clerk file-stamps the papers.

Forcible Entry and Detainer  This is the special name used in Iowa for an eviction also known as an F.E.D.

Garnishment  ‘Garnishment’ is a procedure for collecting a judgment. It involves the Sheriff taking possession of a judgment debtor’s savings or checking account or a portion of the judgment debtor’s wages.

Hearing  A ‘Hearing’ is where a Judge receives and considers evidence about a legal dispute.

Intervene  To ‘Intervene’ is to become involved in an existing Small Claims suite by filing a Petition for Intervention.

Intervention  This is the legal procedure a person can use to become involved voluntarily in a court case even though the person was not a Plaintiff or a Defendant when the case began. A more complete description is contained in this booklet.

Iowa Supreme Court  Located in Des Moines, this is Iowa’s highest Court.

Judgment  A ‘Judgment’ or ‘Money Judgment’ is a court order. It entitles one person to use legal processes (“execution”) to collect a certain amount or money from another person.

Judgment Creditor  A ‘Judgment Creditor’ is the person who wins a  judgment against someone else. Then he or she has the right to take certain legal steps to collect money from that person (the judgment debtor).

Judgment Debtor   A ‘judgment Debtor’ is the person who loses a court case and has a judgment entered against him or her.

Judgment Lien  When a person wins a judgment, a ‘judgment lien’ s is put on record by the Clerk of Court. The lien blocks transfer of real estate in that county until the judgment is paid off.

Jurisdiction  ‘Jurisdiction’ means the legal power of a Court to decide a legal dispute. For example, Small Claims Courts have jurisdiction over disputes involving $5,000 or less, and also over evictions (Forcible Entry and Detainer actions).

Magistrate  A ‘Magistrate’ is basically the same as a Judge, only with fewer powers. Often it is a Magistrate who decides a Small Claims dispute.

Motion  A ‘Motion’ is a written request made to a Judge, such as a Motion for a Continuance or a Motion to Dismiss.

Oath  An ‘Oath’ is a pledge to tell the truth. Anyone giving evidence in Small Claims court must first take an oath, swearing to be truthful.

Original Notice  This is the legal paper which begins a Small Claims suit. The Plaintiff fills out an Original Notice, files it with the Clerk, and it is later delivered to the Defendant. This is described more fully in the main part of this booklet.

Party  A ‘Party’ is any person who is formally included in a court case, such as a Plaintiff or Defendant.

Plaintiff  A ‘Plaintiff’ is the person who begins a lawsuit by completing an Original Notice and having it delivered to the Defendant (or Defendants).

Replevin  A type of legal action where the Plaintiff requests the Court to order Defendant to return property in the possession of the Defendant to the Plaintiff.

Return of Service   This is a paper signed by a person who was responsible for delivering legal documents upon one of the parties in a suit. It shows when delivery was accomplished. A Return of Service should be in the Court file for each legal document served upon someone.

Satisfy/Satisfaction  A judgment is “satisfied” when the amount of the judgment is fully collected from the judgment debtor.

Service (of Process)  This refers to the delivery of legal papers upon a person. As a rule, a person is ‘served’ with papers in one of two ways. It can be done by certified mail. It can also be done by actual in-hand delivery by a deputy or some other person.

Subpoena  A ‘Subpoena’ is a paper ordering someone to come to Court at a particular time in order to present evidence to a Judge. To ‘subpoena’ someone is to delivery such an order to them.

Sue/Suit To ‘Sue’ someone is to file the papers necessary to force them to become involved in a dispute in Court. A person who sues someone is usually demanding something specific from them, such as a certain amount of money. A ‘Suit’ or “Lawsuit’ is the name for the whole set of procedures involved in taking a dispute to Court.

Testimony  A person gives ‘Testimony’ or a person ‘testifies’ when he or she gives evidence to a Judge under oath.

Third Party Defendant  This is a person who is served with a Cross-Petition Against Third Party. In that way, the person served is forced to become a party to an existing lawsuit. (See other parts of this booklet for details.)