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If the defendant fails to answer and the clerk of court determines proper notice was given to the defendant, the clerk of court or a judge may enter a default judgment against the defendant if the plaintiff's damages are clearly identified.
A defendant's or respondent's answer must be electronically filed with the court. The papers (original notice and petition) that were served on the defendant or respondent tell how long the defendant or respondent has to file an answer. For information on calculating answer deadlines, see Iowa Code section 4.1(34).
This 90-day waiting period applies even if you and your spouse are seeking a no-contest divorce in Iowa and have agreed on all terms. In very limited circumstances (such as emergencies) a judge may waive the 90-day period and grant your divorce sooner.
A ?motion to quash? is a request to the court to end enforcement of a court order or declare the order invalid. Sometimes parties desire to quash an injunction, subpoena, guilty plea, garnishment, or order for mandatory income withholding that has been filed against the person.
NOTE: A Notice of Appearance is filed by an attorney/representative to indicate his or her appearance in the appeal. NOTE: Once a Notice of Appearance has been filed, the filer may receive automatic email notifications whenever a filing is made on the appeal.
In Iowa, you have to file an action against the other party to seek enforcement of the existing court decree order. The enforcement action is formally known as an Application for Rule to Show Cause, commonly referred to as a contempt filing. This filing brings the opposing party's bad acts to the court's attention.
Respondent must file an Answer within 20 days after receiving the Petition and Original Notice, or the court may enter a judgment against Respondent giving Petitioner what he or she asked for in the Petition. Use this Answer form 115 if you received Petition form 101, otherwise use form 116.
You must electronically file this Appearance and Answer using EDMS at unless you obtain from the court an exemption from electronic filing requirements.