1. The clerk shall immediately enter the judgment in the small claims docket and district court lien book, without recording. Relief shall be granted as is appropriate. Upon entering judgment, the court may provide for installment payments to be made directly by the party obligated to the party entitled thereto. If installment payments are ordered, execution shall not issue as long as the payments are made, but execution shall issue for the full unpaid balance of the judgment upon the filing of an affidavit of default. When entered on the small claims docket and district court lien book, a small claims judgment shall constitute a lien to the same extent as regular judgments entered on the district court judgment docket and lien book. However, if a small claims judgment requires installment payments, the judgment shall not be enforceable until an affidavit of default is filed.
2. A defendant may move to set aside a default judgment in the manner provided for doing so in district court by rule of civil procedure 1.977. [C73, 75, 77, 79, 81, §631.12] 84 Acts, ch 1322, §5; 99 Acts, ch 144, §11; 2019 Acts, ch 59, §213 \n
Notes of Decisions
Cited in
5
cases, 1987–2019 · leading case:
Whitehorn v. Lovik, 398 N.W.2d 851 (Iowa 1987).
Whitehorn v. Lovik, 398 N.W.2d 851 (Iowa 1987).
· cites it 4× “" Section 631.12 directs that a party moving to set aside a default judgment in small claims shall do so in the manner provided by rule of civil procedure 236.”
Rowan v. Everhard, 554 N.W.2d 548 (Iowa 1996).
· cites it 6× “The court concluded the defendants should have moved to set aside the default judgment for good cause and that it should not consider issues which were never controverted or considered in the original small claims proceeding.”
Hyde v. Anania, 578 N.W.2d 647 (Iowa 1998).
· cites it 2× “” Iowa Code § 631.12 (1995). We think the reason for not requiring the clerk to give such notice lies in section 631.”
Linda Agan v. Tammy Krambeck (Iowa Ct. App. 2018).
· cites it 2× “On July 27, Tammy2 filed a motion to set aside the default judgment, pursuant to Iowa Code section 631.12. She alleged neither she nor Greg attended the hearing on the FED action because of her medical condition and claimed she had a number of defenses and counterclaims to…”
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