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Iowa Code

Iowa Code § 321.505 (2026)

Proof of service

✓ current as of July 2026
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Proof of the filing of a copy of said original notice of suit with the director, and proof of the mailing or personal delivery of said notification to said nonresident shall be made by affidavit of the party doing said acts. All affidavits of service shall be endorsed upon or attached to the originals of the papers to which they relate. All proofs of service, including the restricted certified mail return receipt, shall be forthwith filed with the clerk of the district court. [C31, 35, §5079-d18; C39, §5038.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.505] Referred to in §321.507, 321.511, 321.556

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Notes of Decisions
Cited in 11 cases, 1963–2012 · leading case: Gray v. Lukowski, 241 N.W.2d 35 (Iowa 1976).
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Gray v. Lukowski, 241 N.W.2d 35 (Iowa 1976). · cites it 25× “And Section 321.505 says: "Proof of the filing of a copy of said original notice of suit with the commissioner, and proof of the mailing or personal delivery of said notification to said nonresident shall be made by affidavit of the party doing said acts.”
L.F. Noll Inc. v. Dope Eviglo, 816 N.W.2d 391 (Iowa 2012). · cites it 2× “Further, Iowa Code section 321.505 stated that the proof of the mailing, “including the return registry receipt,” must be filed in the district court.”
Neumeister v. City Dev. Bd., 291 N.W.2d 11 (Iowa 1980). · cites it 2× “19(2) language which the legislature has provided in other statutes but elected not to include here. See § 321.504, The Code ("In lieu of mailing said notification to the defendant .”
Emery Transp. Co. v. Baker, 119 N.W.2d 272 (Iowa 1963). · cites it 4× “504, Code, 1954, provided: “In lieu of mailing said notification to the defendant in a foreign state, plaintiff may cause said notification to be personally served in the foreign state * Section 321.505 provided: “Proof of the filing of a copy of said original notice of suit…”
Wolfs v. Challacombe, 218 N.W.2d 564 (Iowa 1974). · cites it 4× “A return receipt showing notification of filing with the Commissioner has been delivered is required by section 321.505, and with the possible exception of refusal by addressee to accept offered delivery of the notification, plaintiff must show actual delivery of the notice,…”
Farmers Ins. Grp. v. Merryweather, 214 N.W.2d 184 (Iowa 1974). · cites it 2× “Code 1973, § 321.505 (return receipt required)— see Emery Transp.”
Liberty Mut. Ins. Co. v. Caterpillar Tractor Co., 353 N.W.2d 854 (Iowa 1984). · cites it 2× “1 by mailing the notice, irrespective of nonre-ceipt by the addressee. Actually, the rule is not as harsh in this regard as appears at first blush.”
Kraft v. Bahr, 128 N.W.2d 261 (Iowa 1964). · cites it 2× “Section 321.505 provides for proof of service, which was filed herein on November 19, 1956, and duly amended to show both postal receipts January 21, 1957.”
Escher v. Morrison, 278 N.W.2d 9 (Iowa 1979). · cites it 2× “Section 562.7(3) differs from statutes providing for mailed notice where actual receipt is required.”
Williamson v. Casey, 220 N.W.2d 638 (Iowa 1974). “See § 321.505, The Code. Defendants failed to appear in the action by noon of the sixtieth day following service of the original notice on the commissioner.”
Fulmer Ex Rel. Fulmer v. Debel, 216 N.W.2d 789 (Iowa 1974). · cites it 2× “Defendants also claimed proof of service was not forthwith filed with the clerk of court as required by section 321.505, The Code. This third special appearance was sustained August 21, 1972.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.