Iowa Waiver of Service of Summons

State:
Iowa
Control #:
IA-SKU-0147
Format:
PDF
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Description

Waiver of Service of Summons

The Iowa Waiver of Service of Summons is a legal document that allows a party in a lawsuit to waive their right to be notified of a legal proceeding and to accept service of a summons. This waiver can be used in both civil and criminal cases. The waiver can be completed by the defendant, the plaintiff, or both parties to the lawsuit. There are two types of Iowa Waiver of Service of Summons: Waiver of Service of Summons by Mail and Waiver of Service of Summons by Publication. The Waiver of Service of Summons by Mail is used when the defendant is known and can be served with the summons. The Waiver of Service of Summons by Publication is used when the defendant is unknown or cannot be served with the summons. This waiver allows the summons to be published in a newspaper or other publication in the county where the lawsuit is being filed.

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FAQ

1. Actions constituting small claims may be brought or defended by an individual, partnership, association, corporation, or other entity. In actions in which a person other than an individual is a party, that person may be represented by an officer or an employee.

631.4 Service ? time for appearance. 1. Actions for money judgment or replevin. In an action for money judgment or an action of replevin the clerk shall cause service to be obtained as follows, and the defendant is required to appear within the period of time specified: a.

(1) The appeal shall be promptly heard upon the record thus filed without further evidence. If the original action was tried by a district judge, the appeal shall be decided by a different district judge. If the original action was tried by a district associate judge, the appeal shall be decided by a district judge.

Rule 1.972 - Procedure for entry of default 1. If a party not under legal disability or not a prisoner in a reformatory or penitentiary is in default under rule 1.971(1) or 1.971(2), the clerk shall enter that party's default in ance with the procedures set forth in this rule without any order of court.

What kinds of cases are heard in small claims court? A small claims case is a civil action for a money judgment in which the amount of damages is $6,500 or less.

Rule 16.302(2). When there are legitimate reasons preventing a person from electronic filing, the court should grant that person an exception.

An attorney or party who serves a subpoena ?must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.? Iowa R. Civ. P. 1.1701(4)(a).

The statute of limitations for small claims judgments for execution purposes is twenty years, and liens on those judgments exist for ten years. See Iowa Code sections 614.1(6), 624.23(1), 626.2 and 631.12. However, a judgment can be renewed by filing a new action.

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Iowa Waiver of Service of Summons