LawHelp HTML Document

HOPE. DIGNITY. JUSTICE.

If the Defendant doesn?t file any response with the Clerk of Court within the 20 day period, the Plaintiff can win by default. It may be clear from the Original Notice what amount the Plaintiff deserves to win. Then the Clerk will enter a judgment for the Plaintiff in that amount. The Plaintiff should ask the Clerk of Court to grant a default judgment. If it is not clear what the amount should be, arrangements will be made for a Magistrate to decide that issue at a hearing. The Plaintiff will be told of the time for that hearing. Each county may have a somewhat different process for presenting these cases to a Magistrate. It is important for the Plaintiff to contact the Clerk of Court?s office. Find out how they determine defaults in a particular county.

If the Defendant loses by default, the Plaintiff must then file a document with the Clerk of Court which will allow a Judgment to be entered. This document is called: Verification of Account, Identification of Judgment Debtor, Affidavit re Military Service. Some people file this document when they file the small claims action. When this document is filled out and filed, a Judgment will be entered, and the winning party may try to collect on the Judgment.

A defendant can ask the court to set aside a default judgment as long as the defendant tries to do so as soon as possible. This can?t be done any later than 60 days after the judgment is entered. The defendant needs to show the Judge a good reason for not filing an answer in order to have the default set aside.

Note that although most of the time a Plaintiff would win by default, either side can win a Judgment by default. A Plaintiff may win by default due to the Defendant?s failure to file an Answer or to show up for hearing. But a Defendant could also win by default, if that Defendant files an Answer and a Counterclaim, then the Plaintiff doesn?t show up for the hearing. Also, a Defendant who files an Answer but no Counterclaim will have the benefit of seeing the Plaintiff?s suit dismissed if the Plaintiff doesn?t show up for the hearing.

READ THIS BEFORE USING ANY PART OF THE IOWA LEGAL AID WEBSITE (ILAW) If you cannot afford a lawyer and have a legal problem in Iowa, you may be able to get free legal help. Call Iowa Legal Aid. To find out which office serves your county, call 1-800-532-1275 or 515-243-2151 in the Des Moines calling area. If you are age 60 or over, you may be able to get free legal advice from The Legal Hotline for Older Iowans at 1-800-992-8161 or 282-8161 in Des Moines. All numbers are Voice and TTY.

This Website Does NOT Give Legal Advice. When you use ILAW, you are just making a request for information. No part of this site or any link found through this site is meant to give you legal advice. Using any part of this site does not make you a client. If you send an e-mail to anyone you reach through this site, it does not make you a client of any lawyer. See a lawyer to get complete, correct, and up-to-date legal advice.

ILAW Only Has a General Summary of the Law. It is not meant to fully explain topics. Do not assume what you read on ILAW applies to your specific case. Also, the law may vary from state to state. What you find on this website may not apply where you live or to court actions filed in other states.

The Law Often Changes. Content on this site was correct when it was written. Check the date on each page. Do not assume what you see here is still correct when you read it.

Links. This website has links to other Internet sites. We have these links so you can find help on legal matters from the justice community. Other sites are responsible for all content on their sites.

E-mail. Using ILAW or sending e-mail through this website does NOT make you a client of any person or program you reach through this site. When you use e-mail, you risk having someone else access part or all of your message.

Click here for the Iowa Legal Aid Internet Privacy Policy.

Click here for the Iowa Legal Aid Public and Client Complaint Procedures.

As You Look at this Website, Remember it is Not a Substitute for Legal Advice.

The Iowa Legal Aid Website is a project of Iowa Legal Aid, the Volunteer Lawyer Projects of the Iowa State Bar and Polk County Bar Associations, and HELP Legal Assistance

Comunity Legal Education booklets Iowa Legal Aid printed material is available to clients and the public. Click here for a publications order form.