An action by a creditor against a consumer arising from a consumer credit transaction
shall be brought in the county of the consumer’s residence as defined in section 537.1201,
subsection 4, unless an action is brought to enforce an interest in land securing the
consumer’s obligation, in which case the action shall be brought in the county in which
the land or a part of it is located. If the county of the consumer’s residence has changed,
the consumer upon motion may have the action removed to the county of the consumer’s
current residence. If the residence of the consumer is not within this state, the action may be
brought in the county in which the sale, lease or loan was made. If the initial papers offered
for filing in the action on their face show noncompliance with this section, they shall not be
accepted by the clerk of the court.
[C75, 77, 79, 81, §537.5113]
Referred to in §602.8102(74)
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Notes of Decisions
Chrysler Fin. Co. v. Bergstrom, 703 N.W.2d 415 (Iowa 2005).
· cites it 18× “Iowa Code § 537.5113 . Yet, when a violation of the consumer credit code was not intentional and resulted from a bona fide error, a violator may avoid liability to a consumer under a standard established in section 537.”
Monahan Loan Serv., Inc. v. Janssen, 349 N.W.2d 752 (Iowa 1984).
· cites it 8× “On August 18, 1982, the defendants answered that action asserting that they were residents of Pottawattamie County and could only be sued there by reason of Iowa Code section 537.5113 (1981). On August 23, 1982, the present action was commenced in Pottawattamie County.”
Sheffield Sav. Bank v. Klages, 294 N.W.2d 55 (Iowa 1980).
· cites it 10× “The court noted that the motion was “based on the fact that the defendant is a resident of Floyd County,” quoted that portion of section 537.5113 pertaining to change of residence and stated that “[tjhere is no showing that the defendant’s residence changed.”
Hogue v. Palisades Collection, LLC, 494 F. Supp. 2d 1043 (S.D. Iowa 2007).
“The Monahan court explained that, because § 537.5113 required suits to be brought in the county where the debtor resides, the debt collector violated § 537.”
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.