Sued by a debt collector in Iowa

About 20 days: that is the usual time to answer a debt lawsuit in Iowa. Below: default, defenses, what you can lose and the steps.

Short answer

Iowa's deadline is shorter than in most states, so act fast. District court: file a motion or answer within 20 days after you are served (Iowa R. Civ. P. 1.303(1)). If you don't file an answer, the court or clerk can enter a default judgment giving the plaintiff what was asked for (Iowa Code § 631.5; Iowa Judicial Branch small claims page). If the debt is older than Iowa's time limit (10 years for written contracts), that can be a defense.

Time to answer
20 days
Time limit to sue (written contract)
10 years
Small claims limit
$6,500
Court self-help
Official page

Your deadline to answer in Iowa

Time to answer
District court: file a motion or answer within 20 days after you are served (Iowa R. Civ. P. 1.303(1)). Small claims ($6,500 or less): file an Appearance and Answer by the date written on the Original Notice.
Court self-help
Iowa court self-help (official)

Our 48 state guides range from 14 to 30 days to answer; Iowa's 20 days is shorter than most.

In nearby states

What a default means in Iowa

If you don't file an answer, the court or clerk can enter a default judgment giving the plaintiff what was asked for (Iowa Code § 631.5; Iowa Judicial Branch small claims page).

What can be taken if you lose in Iowa

  • Wage limit: Stricter than federal: on top of the federal limit, each judgment creditor can garnish only a yearly maximum tied to your expected income — $250 if you expect to earn under $12,000; $400 ($12,000–$15,999); $800 ($16,000–$23,999); $1,500 ($24,000–$34,999); $2,000 ($35,000–$49,999); 10% of expected earnings at $50,000 or more.
  • Bank account: Up to $1,000 total in cash, bank or credit union deposits, or other personal property you choose (Iowa Code § 627.6(14)).
  • Property: Iowa protects your homestead (generally up to 1/2 acre in a city or 40 acres elsewhere, Iowa Code § 561.2), one motor vehicle up to $7,000, and household goods and furnishings up to $7,000 total (Iowa Code § 627.6(5), (9)).

Iowa's garnishment rules

Old debts as a defense in Iowa

Iowa's time limit to sue is 10 years for written contracts and 5 years for open accounts (Iowa Code § 614.1(4) (unwritten: 5 years), § 614.1(5) (written: 10 years); § 614.11). On whether a payment restarts the clock in Iowa: A written, signed admission that the debt is unpaid, or a new promise to pay, revives a contract claim (Iowa Code § 614.11). Federal rules bar a collector from suing, or threatening to sue, on a time-barred debt (12 CFR 1006.26(b)).

Check Iowa's statute of limitations

If the collector broke the law in Iowa

You can recover actual damages plus a penalty set by the court of $100 to $1,000 (not in a class action) for unfair collection practices under § 537.7103 (Iowa Code § 537.5201(1)(a)(25)). Time limits: for credit cards and other open-end credit, sue within 2 years of the violation; for other credit, within 1 year after the last scheduled payment date (§ 537.5201(1)(b)).

Small claims court in Iowa

Small claims limit: $6,500

  • If you don't file an answer, the court or clerk can enter a default judgment giving the plaintiff what was asked for (Iowa Code § 631.5; Iowa Judicial Branch small claims page).

Good to know before court in Iowa

  • An employer may not fire you because your wages were garnished; you have 2 years to sue for lost wages (Iowa Code §§ 642.21(2)(c), 537.5201(5)).

Steps after a debt lawsuit in Iowa

  1. Make sure the lawsuit is real

    Find the case through the court's own website or clerk.

  2. Mark your deadline

    In Iowa: District court: file a motion or answer within 20 days after you are served (Iowa R. Civ. P. 1.303(1)).

  3. File a written answer

    File the answer with the clerk and mail a copy to the collector's lawyer. Start with Iowa court self-help (official).

  4. List your defenses

    Is it yours, is the amount right, did you pay, is it older than Iowa's 10 years for written contracts?

  5. Go to every hearing

    Take your papers to each hearing; a dispute letter still makes the collector prove the debt.

Free help in Iowa

Questions about debt lawsuits in Iowa

How long do I have to answer a debt lawsuit in Iowa?

District court: file a motion or answer within 20 days after you are served (Iowa R. Civ. P. 1.303(1)). Small claims ($6,500 or less): file an Appearance and Answer by the date written on the Original Notice.

What if I miss the deadline to answer in Iowa?

If you don't file an answer, the court or clerk can enter a default judgment giving the plaintiff what was asked for (Iowa Code § 631.5; Iowa Judicial Branch small claims page).

Is an old debt a defense to a lawsuit in Iowa?

Iowa's time limit to sue is 10 years for written contracts and 5 years for open accounts (Iowa Code § 614.1(4) (unwritten: 5 years), § 614.1(5) (written: 10 years); § 614.11). Federal rules bar a collector from suing, or threatening to sue, on a time-barred debt (12 CFR 1006.26(b)).

What should I know about small claims court in Iowa?

Small claims limit: $6,500. If you don't file an answer, the court or clerk can enter a default judgment giving the plaintiff what was asked for (Iowa Code § 631.5; Iowa Judicial Branch small claims page).

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