Any person, association, or corporation can sue or be sued in Small Claims Court, as long as the amount involved is $5,000 or less. The ?Plaintiff? is the person who sues someone else. The ?Defendant? is the one who is sued. In a single Small Claims suit, there may be more than one Plaintiff, and more than one Defendant. For example, suppose three people rented a house together. They moved out, but didn?t get their rental deposit back. All three might be Plaintiffs in a suit against a married couple who were the landlords.
When a plaintiff or a defendant is a business, a corporation or a partnership, the Small Claims forms should show that fact. For example, the Original Notice may list the defendant in any of the ways listed below, depending on the circumstances.
?Paul Johnson?
?Paul Johnson, doing business as Johnson?s Repair Shop?
?Johnson?s Repair Shop, a partnership?
You may not know for sure how to name a certain person or business. To find out about if they are a partnership or a corporation, contact the Iowa Secretary of State (Corporation Division) in Des Moines and the local county recorder.
The telelphone number for the Secretary of State is (515) 281-8993 and the website is http://www.sos.state.ia.us
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