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To sue someone in Small Claims Court, begin by going to the Clerk of Court?s office. The Clerk will provide you with the necessary form, and will answer your questions about the Small Claims process.

Look at the Original Notice form, which a Plaintiff fills in and returns to the Clerk of Court to be filed. (See additional information about how to name plaintiff and defendants on the forms).

The Clerk will require you to pay a filing fee in the amount of around $50.00. You will probably also have to pay a small fee to cover the costs of serving the Defendant(s) with the Original Notice. If you later win your suit, the Judge will probably order the losing party to pay you back such court costs.

You should also ask for the form ?Verification of Account and Affidavit of Nonmilitary Services? and fill it out.

When the necessary costs have been collected from you, the Clerk will arrange for a copy of the Original Notice to be served upon each Defendant. The Notice may be served either by certified mail or by in-hand delivery, whichever you choose. It is always cheaper to have the papers served by certified mail rather than having the sheriff serve them. For Iowa residents, the deadline for answer will be 20 days from when the Defendant was served.

Special procedures for serving papers apply if you are suing someone who lives outside of Iowa in Iowa?s Small Claims Court, based on that person?s contact with you in Iowa. Click here for example 1 and example 2 of forms to use when the defendant is out of state. Nonresidents will have 20 days from when they are served to appear. In such cases, talk to a lawyer or the Clerk of Court.

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