Iowa Code » Chapter 616 — PLACE OF BRINGING ACTIONS
Iowa Code

Iowa Code § 616.5 (2026)

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✓ Iowa Code 2026 (laws through the 2025 session)
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Except as hereinafter provided, an action against a resident of this state must be brought in the county of the defendant’s residence, or that in which the contract was to be performed, except that, if an action be duly brought against such defendant in any other county by virtue of any of the provisions of this chapter, then such action may, if legal cause for an attachment exist, be aided by attachment. [R60, §2797; C73, §2580; C97, §3495; C24, 27, 31, 35, 39, §11038; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §616.5]

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Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1980–2024 · leading case: Richard Abernethy v. Jeremiah D. Schmitt, 879 N.W.2d 866 (Iowa Ct. App. 2016).
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Richard Abernethy v. Jeremiah D. Schmitt, 879 N.W.2d 866 (Iowa Ct. App. 2016). · cites it 11× “See Iowa Code §§ 616.5 , .17; Benton, 605 N.W.”
Sheffield Sav. Bank v. Klages, 294 N.W.2d 55 (Iowa 1980). · cites it 2× “Klages also suggested that section 616.5, The Code (“Except as hereinafter provided, an action against a residence of this state must be brought in the county of his residence, or that in which the contract was to be performed .”
Hard Rappen Ranch, LLC v. Corey L. Bosma, No. 23-0983 (Iowa Ct. App. May 8, 2024). · cites it 3× “Iowa Code §§ 616.5 , 616.7, 616.17. Absent an express location of performance, the mere fact that a plaintiff would receive payments or benefits from the contract in one county is not enough to deprive a defendant of his home venue.”
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