This section applies to all small claims except actions for forcible entry and detainer pursuant to chapter 648 and actions for abandonment of mobile homes or personal property pursuant to chapter 555B.
1. Appearance. A defendant may appear in person or by attorney, and by the denial of a claim a defendant does not waive any defenses.
2. Hearing set. If all defendants either have entered a timely appearance or have defaulted, the clerk shall assign a contested claim to the small claims calendar for hearing at a place and time certain. The time of hearing shall be not less than five days nor more than twenty days after the latest timely appearance, unless otherwise ordered by the court. The clerk shall transmit the original notice and all other papers relating to the case to the judicial officer to whom the case is assigned, and copies of all papers so transmitted shall be retained in the clerk’s office.
3. Partial service. If the plaintiff has joined more than one defendant, and less than all defendants are served with notice as determined by subsection 4, the plaintiff may elect to proceed against all defendants served or may elect to have a continuance, issuable by the clerk, to a date certain not more than sixty days thereafter. If the plaintiff elects to proceed, the action shall be dismissed without prejudice as against each defendant not served with notice.\n\nTue Dec 09 21:58:51 2025 Iowa Code 2026, Chapter 631 (28, 0) §631.5, SMALL CLAIMS 4\n\n 4. Return of service. Proper notice shall be established by a signed return receipt or a return of service as provided in rule of civil procedure 1.308.
5. Notification to parties. When a small claim is set for hearing the clerk immediately shall notify by ordinary mail each party or the attorney representing the party, and the judicial officer to whom the action is assigned, of the date, time and place of hearing.
6. Default. If a defendant fails to appear and the clerk in accordance with subsection 4 determines that proper notice has been given, judgment shall be rendered against the defendant by the clerk if the relief is readily ascertainable. If the relief is not readily ascertainable the claim shall be assigned to a judicial magistrate for determination. [C75, 77, 79, 81, §631.5] 84 Acts, ch 1322, §3, 4; 93 Acts, ch 154, §21; 2003 Acts, ch 151, §49; 2004 Acts, ch 1101, §86 Referred to in §631.9 \n
Notes of Decisions
Capital One Bank (USA), N.A. v. Denboer, 791 N.W.2d 264 (Iowa Ct. App. 2010).
· cites it 4× “Iowa Code § 631.5 (6). Default judgment, however, could not be entered absent compliance with Iowa Code section 537.”
GE Money Bank v. Morales, 773 N.W.2d 533 (Iowa 2009).
· cites it 2× “The denial of the claim filed under section 631.5 only denies the allegations made by the plaintiff in the original notice.”
Lau v. City of Oelwein, 336 N.W.2d 202 (Iowa 1983).
· cites it 2× “, section 631.5(7) (default judgment may be rendered by the clerk), it does not expressly provide at what time judgment is effective.”
War Eagle Vill. Apts. v. Plummer, 775 N.W.2d 714 (Iowa 2009).
“§§ 631.5, .9. Therefore, she argues, the only way to harmonize this requirement with section 562A.”
Roeder v. Nolan, 321 N.W.2d 1 (Iowa 1982).
“See § 631.5(6), The Code. At that time Roeder lived in Primghar, Iowa, some 300 miles from Johnson County, and her attorney lived in Davenport, Iowa.”
Robert Clauss v. Laidlaw & Co. UK Ltd. (Iowa Ct. App. 2019).
· cites it 4× “See also Iowa Code § 631.5 (1). If a defendant fails to appear after receiving proper notice of the suit, “judgment shall be rendered against the defendant by the clerk if the relief is readily ascertainable.”
Prairie Brand Seeds v. Russell (Neb. Ct. App. 2019).
· cites it 3× “He further alleged that an irregularity existed because the Iowa court entered judgment under its statute for a party’s failure to appear, Iowa Code § 631.5 (6), even though Russell appeared telephonically for the default hearing.”
GE Money Bank Vs. Maria Morales (Iowa 2009).
· cites it 2× “The denial of the claim filed under section 631.5 only denies the allegations made by the plaintiff in the original notice.”
— Iowa Code § 631.5(2) — 1 case
Robert Clauss v. Laidlaw & Co. UK Ltd. (Iowa Ct. App. 2019).
“See also Iowa Code § 631.5 (1). If a defendant fails to appear after receiving proper notice of the suit, “judgment shall be rendered against the defendant by the clerk if the relief is readily ascertainable.”
— Iowa Code § 631.5(6) — 2 cases
Roeder v. Nolan, 321 N.W.2d 1 (Iowa 1982).
“See § 631.5(6), The Code. At that time Roeder lived in Primghar, Iowa, some 300 miles from Johnson County, and her attorney lived in Davenport, Iowa.”
Robert Clauss v. Laidlaw & Co. UK Ltd. (Iowa Ct. App. 2019).
“See also Iowa Code § 631.5 (1). If a defendant fails to appear after receiving proper notice of the suit, “judgment shall be rendered against the defendant by the clerk if the relief is readily ascertainable.”
— Iowa Code § 631.5(7) — 1 case
Lau v. City of Oelwein, 336 N.W.2d 202 (Iowa 1983).
“, section 631.5(7) (default judgment may be rendered by the clerk), it does not expressly provide at what time judgment is effective.”
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