Although it is okay for a person to have a lawyer in Small Claims Court, it is not required. The design of Small Claims Court is to have simple, informal procedures. The idea is for people to settle disputes themselves, without having to get lawyers.

Would I be better off if I had a lawyer?

It is often very helpful to have the advice of a lawyer, if you can get it. If your case is complex, or involves a lot of money, perhaps around $1000 or more, you may want to talk to a lawyer.

One example of a complex case is a typical consumer lawsuit. Suppose a bank, loan company, or retail seller is suing a borrower or buyer who fell behind in installment payments. A lawyer might find valid defenses to these suits, based on the contract terms or the collection methods. These defenses could let the borrower or buyer reduce or eliminate the amount owed.  Such defenses are often quite hard to recognize. By checking with a lawyer, the person being sued can make sure valuable defenses are raised in Court.

Even in less complex cases, it is often helpful to talk to a lawyer before going to Small Claims Court. He or she can help make sure you are suing the right person (or the right people). You can also get some tips on how to gather evidence and present the case.

You may be able to get free legal help from a local legal aid society, or from an office of Iowa Legal Aid. If not, you may be able to get a private lawyer to help you. If you are poor, a private lawyer may help you free or at a low cost, since lawyers have a professional duty to help poor people get the legal help they need.

Sometimes your lawyer can be paid a fee by the other side in the dispute. This is because some laws allow the Judge to make the losing side pay the reasonable attorney?s fees of the winning side. For example, many disputes based on landlord-tenant law or consumer credit law allow for such attorney?s fee pay payment by the losing side. So you may want to check the law, or talk to a lawyer, to see whether the law which applies to your situation allows for attorney?s fees.

REMEMBER:  While a lawyer may be helpful, it is not necessary to have one. The information on this website can help you know about Small Claims procedures. Then you can handle your case yourself, if that is your choice.