Iowa Affidavit of Amount Due on Open Account

State:
Multi-State
Control #:
US-01171
Format:
Word; 
Rich Text
Instant download

Description

This form is an affidavit of amount due in open court. The plaintiff swears to the facts of the debt allegedly owed by the defendant. Adapt to fit your circumstances.
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FAQ

Unless otherwise ordered by the court, no deposition, notice of deposition, interrogatory, request for production of documents, request for admission, or response, document or thing produced, or objection thereto shall be filed with the clerk.

Rule 1.910 - Motions for continuance 1. 910(1) Motions for continuance shall be filed without delay after the grounds therefor become known to the party or the party's counsel. Such motion may be amended only to correct a clerical error.

When service is made by email, the time to respond is computed ing to the Iowa Rules of Civil Procedure. (2)Filing notice of discovery requests and responses. Parties must file a notice with the court when serving a request for discovery, a response to discovery, or a notice of deposition on another party.

In addition, rule 1.943 allows for voluntary dismissal of the plaintiff's petition without prejudice once as a matter of right. Id. r. 1.943.

In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.

The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. A request may be made either orally or in writing. An attorney licensed or otherwise authorized to practice law in Iowa also may issue and sign a subpoena as an officer of the court.

Iowa Code Chapter 614 governs Iowa's statute of limitations for the collection of open accounts, written contracts, and judgments entered by the Court. In Iowa, the statute of limitations for unwritten contracts is five years, while the statute of limitations for written contracts is ten years.

An attorney can issue a subpoena without a court file being opened, but if the clerk issues a blank subpoena, a court file must be opened and will collect a $50 fee. Rule 1.1702(5). A court file will also be opened for any motions relating to the subpoena and the clerk will collect a $50 fee then as well.

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Iowa Affidavit of Amount Due on Open Account