Iowa Complaint and Summons for Balance Due on Credit Card Account

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Multi-State
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US-03350BG
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Description

Filing a Complaint or Petition

Any complaint or petition for relief in a court must be filed within the statutory time limit (Statute of Limitations). These statutes vary from state to state. These statutes also vary depending on what your cause of action is. For example, in many states, the statute of limitations regarding a cause of action for breach of contract is three years, while the cause of action for an intentional tort, like slander, is one year.


A complaint is a general statement of the plaintiffs claim. The complaint must describe the actions that led to the claim of a violation (i.e., violation of rights). The claim can be for money damages. It could also be a claim for equitable remedies like specific performance (e.g., court forcing a party to abide by a contract) or an injunction (e.g., stopping a person from doing something). The complaint must establish jurisdiction of the court in which it is filed. For example, if the complain is filed in federal court, it must show diversity of citizenship or that a federal statutory or constitutional question is involved.


Service of Process

This generally involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:

o That the defendant is being sued;

o The name of the Court in which he is being sued;

o When he must file an answer; and

o The fact that a default judgment will be entered if no answer is filed.
The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. Deputy Marshals or process servers are used in federal court. Constables are used in justice court of some states. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper.


The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.

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FAQ

You may settle your case at any time prior to having the court make a decision (a judgment) by either: Paying the full amount of the debt (plus any fees, costs, and interest required) Negotiating to pay a lesser amount and having the other side agree to accept that amount as full payment.

You may only have 30 days or less to respond to the summons. Ignore a lawsuit and fail to show up in court and you guarantee you'll lose by default. Instead of pretending like the lawsuit isn't happening, your best bet is to review your options and choose the one that makes you feel most comfortable.

The credit card company may not initiate a lawsuit as soon as you default on a debt. Morgan says creditors may try to collect debts for up to a year and a half before they sue. But she has also seen some companies notify customers of a lawsuit after as few as six months.

You may lose the ability to dispute the debt, if you believe you don't owe it or that the amount is wrong, and depending on your situation and your state's laws, the creditor may be able to: Garnish your wages. Place a lien against your property. Move to freeze funds in your bank account.

There are time limits under Iowa law for filing a lawsuit to collect on a debt. If the debt is based on an unwritten contract (like many credit cards), the time limit is five years from the date of the last payment or charge on the card, whichever is more recent.

Credit card companies and debt collectors don't usually sue borrowers until their account has been in default for six months or more. In that six-month period, if you keep missing payments, the creditor will report them to the major credit bureaus and they'll be reflected on your credit report.

You can be sued by a creditor after a charge-off, up to a defined statute of limitations, which varies by state and by the type of debt. In most states, the statute of limitations for suing for an unpaid debt is three to six years.

Collection lawsuits are rarely issued for debts under $1,000. In cases where a customer is making small payments, even if these payments are below the minimum requirement of the creditor, the creditor will not issue a lawsuit.

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Iowa Complaint and Summons for Balance Due on Credit Card Account