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How to Answer a Summons for Debt Collection in Iowa (2024 Guide)

George Simons | June 22, 2024

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: You have 20 days to respond to a debt lawsuit in Iowa. To respond, you must file a written Answer in which you address each claim against you and assert your affirmative defenses. SoloSuit can help you with each step of responding to a lawsuit and more.

You were having a good day and then it happened. A knock on the front door. An unfamiliar face. An envelope full of court documents. It takes a few moments, but it finally hits home—you are being sued.

You are likely panicking and losing sleep, but you don't need to. This article will provide you with important information to make responding to a debt lawsuit easier and less stressful. Keep reading to learn how to answer a Summons for debt collection in Iowa.

Respond to a Summons in Iowa.

Sued for debt in Iowa? SoloSuit can help you file an Answer into your case before the 20-day deadline.

Start my Answer.

Table of Contents

Respond to your Iowa debt lawsuit before the deadline

In Iowa, you have 20 days to respond to a debt collection lawsuit.

Iowa R. Civ. P. 1.303(1) states:

Unless otherwise provided, the defendant, respondent, or other party shall serve, and within a reasonable time thereafter file, a motion or answer within 20 days after the service of the original notice and petition upon such party.

This means that you have 20 calendar days from the date of service to file your Answer. However, Iowa code goes on to explain that, if the Petition was served by the secretary of state or department of transportation, you have 60 days from the date of service to file an Answer.

Failure to file an Answer by the deadline may result in a default judgment being entered against the defendant. Once a default judgment has been obtained, the plaintiff has the same rights as any other judgment creditor to attempt to collect on the judgment.

However, a defendant may file a motion with the court to set aside a default judgment, which may be granted if the judgment was entered as a mistake, the Petition was never served on the defendant or was entered due to fraud or misrepresentation by the plaintiff, or the judgment has been satisfied.

If a defendant has missed the deadline to file an Answer and a default judgment has not been entered, the defendant should file the Answer immediately, as the court may accept it even if filed a few days late.

Use Iowa Answer forms to respond to your case

SoloSuit’s Answer form is the easiest way to respond to a debt collection lawsuit. SoloSuit’s software makes it simple: just respond to a few questions about your case, and it will draft and personalized Answer document that includes all the proper legal language and formatting.

If you prefer to fill out an Answer on your own, there are a few options. You can:

  • Download and complete an Appearance and Answer of Defendant(s) form and file it electronically using the Iowa Judicial Branch Electronic Document Management System (EDMS) located here.
  • File the Appearance and Answer of Defendant(s) form in person if you obtain an exemption to the electronic filing requirement from the court.
  • Create your own Answer document.

Use these steps to respond to a debt collection case in Iowa

In Iowa, a plaintiff (the party initiating the case) must file and serve an Original Notice and Petition for Money Judgment on the defendant (the party being sued) in a lawsuit.

If the defendant is served with a Petition, they may file a motion to dismiss the case based on grounds such as the expiration of the statute of limitations or defective service of process. If a motion to dismiss is not filed, the defendant is generally required to file an Answer.

The defendant may also file a counterclaim and/or cross-claim along with their Answer.

The defendant's Answer is their opportunity to present their side of the story to the court. Follow these three steps to respond to a debt lawsuit with a written Answer in Iowa:

  1. Answer each claim listed in the Complaint.
  2. Assert your affirmative defenses.
  3. File the Answer with the court, and send a copy to the plaintiff.

Below, we’ll explore each of these steps further. Don’t like reading? Check out this video to learn more instead:

1. Answer each claim listed in the Complaint.

The Complaint document lists all the claims against you. It’s your responsibility to respond to each one in corresponding order. In your Answer document, reply to each claim with one of the following responses:

  • Admit
  • Deny
  • Deny due to lack of knowledge

SoloSuit’s Answer form makes responding to each claim fast and easy.

On eForm 3.11 you can check a box denying, admitting, or partially admitting the claim. If you are preparing your own Answer, addressing the issues of the Petition can be as simple as stating that you “deny the claims.” Since the plaintiff has the burden of proving his claims, he must produce evidence at trial to prove that he has the right to sue you and that you owe the amount he claims.

You also have the option to admit certain allegations and deny others. For example, you may agree that you entered into a lease with the plaintiff but deny that you owe him any money. If you go this route, you must make sure that you address every allegation in the Petition. If the plaintiff has listed the allegations in numbered paragraphs, address each paragraph separately. For example, “I deny the allegations contained in paragraph 10 of the complaint.”

You should also list your defenses. These are the reasons why the plaintiff should not be able to collect the money he is suing for. We'll review potential defenses next.

2. Assert your affirmative defenses

Affirmative defenses are basically a list of reasons why you believe the plaintiff should not win the case. In Iowa, you must clearly list each affirmative defense that you have in your Answer. If you do not, you risk losing the right to raise the defense at trial.

The following is a list of common defenses under Iowa debt collection laws. Keep in mind that every case is different and that not all defenses will apply to your case. There may also be defenses available to you that are not listed below. Be sure to explore all potential affirmative defenses before you file your Answer.

  • Improper service. The plaintiff must serve the Original Notice and Petition on you using the procedures set forth in Iowa debt collection laws. If you are not properly served the case can be dismissed.
  • The Iowa debt collection statute of limitations has expired. Under Iowa debt collection laws, a plaintiff must sue you within a set amount of time. If he or she fails to file a complaint against you before the end of that period, then there is no standing to bring the case against you. He or she loses the right to sue you forever.
  • You do not owe the plaintiff any money. This defense is used if you did owe the plaintiff money but have since paid all or some of the balance. If you have paid it all, the case will be dismissed. If you paid part, the plaintiff will have to prove that there is still money owed to him.
  • Debt was discharged in bankruptcy. It is not uncommon for creditors to file suit following a bankruptcy discharge. While against the law, it unfortunately happens all the time. If the debt was listed in your bankruptcy case and you received a discharge, then the plaintiff cannot sue you.
  • The debt is unconscionable. This means that the plaintiff is asking for an amount of money that is excessive compared to the original debt amount or that the original agreement you entered into was entirely one-sided.
  • Unjust enrichment. This defense is available where awarding the plaintiff the amount claimed would result in what amounts to a financial windfall. For example, the plaintiff may be claiming an excessive level of interest on an outstanding debt.

Make the right defense the right way with SoloSuit.

3. File the Answer with the court, and send a copy to the plaintiff

Your Answer must be filed electronically using the Iowa Judicial Branch Electronic Document Management System (EDMS) located here. If you wish to file the Answer in person at the courthouse, you must obtain permission from the court. For instance, you may not have access to a computer or the internet, in which case the court should approve manually filing your Answer.

SoloSuit can file an Answer for you in all 50 states.

If you file your Answer electronically, it will automatically be served on the attorney for the plaintiff. If you file it in-person you will be required to serve the plaintiff's lawyer yourself.

Once you have filed you will receive a notice from the court giving you important information about the first hearing and other steps.

In addition to your Answer you may also file:

  • a Counterclaim (eForm 3.13) against the plaintiff (i.e., the plaintiff owes you money)
  • a Cross-Claim (eForm 3.14) against another defendant (i.e., another defendant named in the case owes you money)
  • a Petition against a party not named in the case that you believe is responsible for the plaintiff's claim (eForm 3.7)
  • an Affidavit of Property Exempt from Execution (eForm 3.21) to protect your assets when the plaintiff attempts to enforce the judgment

Example: Terry is being sued by Midland Credit Management for $4,000 in Iowa that she doesn't owe. She uses SoloSuit to respond to the debt lawsuit with an Answer before Iowa's deadline, which is 20 days. In her Answer document, Terry denies each claim against her and lists her affirmative defenses, including the fact that she already paid off the debt. SoloSuit electronically files the Answer for Terry, and after a few weeks, she finds out that Midland Credit Management is dismissing the case.


Check the Iowa statute of limitations on debt

To file a lawsuit against a debtor for an unpaid debt in Iowa, the creditor must do so before the deadline set by Iowa's statute of limitations for debt collection, governed by Iowa Code Chapter 614.

In Iowa, the statute of limitations for an unwritten contract is five years. This means that the statute of limitations on credit card debt is five years in Iowa. On the other hand, the statute of limitations for written contracts is ten years in Iowa.

If the creditor is unable to provide a copy of the written agreement, the Iowa statute of limitations is five years based on an oral contract. If the debtor signed a written agreement, such as a promissory note, and ceased making payments, the creditor has ten years from the date of the agreement to file a lawsuit in Iowa.

The table below further outlines the statute of limitations on different types of debt in Iowa:

Statute of Limitations on Debt in Iowa

Debt Type Deadline
Credit Card 5 years
Oral contract 5 years
Unwritten contract 5 years
Written contract 10 years
Judgment 10 years
Findlaw

Settle your debt in Iowa before going to court

If you’re being sued for a debt you definitely don’t owe — like a debt that happened because your identity was stolen — you’ll likely want to take the lawsuit through to its conclusion and stand up for your rights in court.

Otherwise, settling is often the best way to go. “Settling” means that you and the debt collector or creditor suing you agree on a sum of money less than the amount you’re being sued for. If you pay that amount, they drop the lawsuit.

Why would a company suing you agree to settle if they’ve already gone through the process of filing a lawsuit and retaining an attorney (or multiple attorneys) to come after you for debt? These companies know that litigation is expensive. Attorney fees aren’t cheap, and the longer the suit drags on, the higher the total fees become.

Unless you’re being sued for a very large amount of money, cutting the lawsuit short is often a smart move for whoever’s suing you.

This is especially true if you are being sued by a collection agency and not an original creditor. When a collector buys a debt from an original creditor, they sometimes pay as little as a few cents on the dollar. Even if they collect a lot less than the amount you originally owed, the collector still makes a pretty respectable profit.

A company suing you for debt probably isn’t going to approach you about a settlement offer — but if you put a reasonable offer in front of them, they’ll probably consider it. If you want to settle debt in Iowa after you’ve been sued, there are three key steps to take.

Step 1: Answer the lawsuit in time

Earlier, we mentioned how to respond to a court summons in Iowa. You need to do this even if you want to settle your case out of court. Before you start planning out a settlement offer, you need to send an Answer to the right people and courts by the deadline.

Sending your Answer letter is quick and easy with SoloSuit!

Step 2: Come up with an offer

This part can be tricky. As a general rule of thumb, we suggest starting negotiations by offering to pay 60% of the debt, but in some cases, a creditor might be willing to negotiate down. Here are some instances where you might be able to settle for a lower amount:

  • If you have very few assets.
  • If your income is very low and/or exempt from garnishments (like Social Security income).
  • If your wages are already being garnished.
  • If you’re involved in lawsuits with multiple creditors.
  • If the debt is close to the statute of limitations.
  • If the collector has violated the FDCPA in some way.

Some creditors may accept repayment plans in settlement. However, because debt lawsuits generally arise because you’ve failed to adhere to an agreed-upon installment plan, you’re more likely to settle if you offer a lump sum.

It’s up to you to weigh the different factors in your case and come up with a settlement that you think is fair. However, if you are offering a lump sum, you should start by offering an amount lower than the total amount you can pay. That way, you’ll have room to negotiate.

Step 3: Talk to the creditor and finalize the agreement

Negotiating can be stressful, so take a deep breath before this part! It can be scary to talk to creditors, but do your best to not see them as an adversary when it comes to negotiations. Negotiating isn’t about fighting — it’s about trying to reach a solution that works best for both of you.

Just about all creditors will counteroffer even the most reasonable settlement offers, so be prepared for some back-and-forth. Make sure you’re polite and respectful, too. That will likely help your case.

Being respectful is important, but so is being smart. Unfortunately, some creditors will be sneaky. They might agree to your settlement and then try to turn around and sue you for the remaining amount of the debt anyway. To minimize the chances of that happening, you should always have a settlement agreement in writing. At a minimum, it should include the following:

  • The amount you’re settling for.
  • When you’ll pay it.
  • How you’ll pay it.
  • A clause saying the creditor will not come after you for the remainder of the debt.

Negotiate with creditors and debt collectors.

We interviewed a licensed attorney to collect tips and tricks on how to negotiate with debt collectors to settle debt for less. Check out the video below to find out what we learned:

Iowa Debt Collection Laws: What can you do when a process server for a debt collection lawsuit is harassing you in Iowa?

Unfortunately, it happens all the time. Creditors, collection agencies, and attorneys can be relentless when trying to collect a debt from you.

Both the Iowa Debt Collection Practices Act and the federal Fair Debt Collection Practices Act offer you important rights and protections. For instance, collection agencies must follow certain procedures when attempting to collect a debt from you. They cannot:

  • Threaten violence against you
  • Contact family or friends to discuss your debt
  • Imply that they work for a law enforcement, government, or credit reporting agency
  • Misrepresent the amount of your debt
  • Call you in the middle of the night
  • Contact you if you are represented by an attorney
  • Contact you after you have informed them in writing that you don't want to be contacted

If you think a debt collector has been violating the law, contact an attorney or file a complaint with one of the following agencies:

Office of the Attorney General of Iowa
Hoover State Office Building
1305 E. Walnut Street
Des Moines, IA 50319
515-281-5926
www.iowaattorneygeneral.gov

Federal Trade Commission
Consumer Response Center
Washington, DC 20508
1-877-382-4357
www.ftc.gov

Federal law also protects consumers in Iowa

All U.S. citizens are protected by the Fair Debt Collection Practices Act (FDCPA). However, some states — including Iowa — have their own consumer protections as well. Iowa has its own version of the FDCPA. Many of its stipulations are similar to the federal version:

  • Collectors can’t claim a debt is secured by your property if it isn’t.
  • Collectors may not pretend to be affiliated with law enforcement or the government.
  • Collectors must follow postal laws.
  • Collectors may not collect on healthcare costs if you have an ongoing workers’ compensation case.
  • Collectors may not make false claims or operate under fake business names.
  • Collectors may not share information about your debt with others.
  • Collectors may not harass you or use abusive language.
  • Collectors may not threaten violence or illegal actions to collect a debt.
  • Collectors may not falsely tell you that you are committing a crime by not paying.

It’s also very important to note that according to Iowa debt collection laws, a collector may not threaten legal action against you unless they’re actually going to sue you for the debt.

Iowa legal aid organizations can help you

If you need help with your case but can't afford a lawyer, you may be eligible to receive free or low-cost legal services from:

Iowa Legal Aid Society
1111 Ninth Street, Suite 230, Des Moines, IA 50314
www.iowalegalaid.org/
1-800-532-1275

Find debt relief in Iowa

If you are struggling under the weight of debt, every aspect of your life starts to feel more difficult. Depending on where you live, the size of your family, and your income level, you might qualify for some of Iowa’s programs for people who are financially stuck:

If you don’t qualify for these programs, there are still some options to consider:

  • Working out a payment plan with one or more creditors
  • Taking out a debt consolidation loan
  • Settling debt with one or more creditors
  • Filing for bankruptcy

Filing for bankruptcy is usually something people only do as a last resort. If your income is low enough for you to qualify for Chapter 7 bankruptcy and you have few assets, you might be able to have most of your debts discharged. Bankruptcy will stay on your credit report for about seven years, but you get to start fresh with little or no debt.

Stop wage garnishment in Iowa

Iowa wage garnishment laws are somewhat more complex than those of many other states. Under Iowa law, the maximum weekly consumer debt wage garnishment is the lesser of either your disposable earnings over 40 times the federal minimum wage ($7.25) or 25% of your disposable earnings.

The “disposable” label is somewhat misleading. That doesn’t mean what you have left after paying for essentials — it means what you have left after taxes.

Fortunately, Iowa has additional restrictions to help protect people facing multiple garnishments. State law sets maximum total wage garnishments based on income:

  • Less than $12,000: Maximum $250 per year
  • $12,000- $15,999: Maximum $400 per year
  • $16,000-$23,999: Maximum $800 per year
  • $24,000-$34,999: Maximum $1,500 per year
  • $35,000-$49,999: Maximum $2,000 per year
  • $50,000 or More: No more than 10% of wages

Unfortunately, once you have a garnishment in place, it’s very difficult to stop. However, some types of income are exempt from garnishments. These are some examples:

  • Social Security
  • Veterans’ benefits
  • Disability benefits
  • Child support
  • Alimony

If you have any of these kinds of income and get a debt judgment against you, you can stop garnishments by filing an Affidavit of Property Exempt from Execution.

Check the status of your court case in Iowa

Winning a debt case in court can be harder than it sounds — even if you have a fairly clear-cut case. Imagine that you’re being sued for a debt you don’t owe and that you have proof you don’t owe it. To win your case, you still need to do the following:

  • Respond to the notice of the lawsuit by the 20-day deadline.
  • Attend each case hearing.
  • Assemble all evidence and present it convincingly in court.

If you do owe the debt, you can settle instead of bringing evidence to court, but you still need to do that before the lawsuit’s end. If you miss an important date or deadline, the creditor or collector will almost always win by default.

All that is to say that keeping track of your court case is critical, so let us break down how to check the status of a court case in Iowa for you. Some states make this easier to do than others. Fortunately, Iowa makes it pretty simple.

The easiest way to instantly access all of your court records is by going to the court system’s online portal and searching by case number. If you don’t have your case number, you can search by your name.

If you can’t find your case records this way, you have another option. Look up your county courthouse and call or visit — the clerk should be able to help you find your records and print off copies. However, you should note that it may cost a small fee to get the copies.

File in small claims court in Iowa

At SoloSuit, when we talk about debt lawsuits, we’re usually talking about what to do if you get sued for a debt. But what if someone owes you money? If you’re owed $6,500 or less, filing a case in Iowa small claims court is the way to go. Small claims court is often a good option if you have a very straightforward case, as you can represent yourself.

If you have the option — and especially if your case is a little more complex — it’s worth retaining an attorney to represent you. Small claims cases are tried before a judge instead of a jury, and they’re generally quick enough that an attorney’s fee won’t be incredibly high. These are some examples of when you might file a small claims case:

  • You have a small personal injury claim (like if a neighbor’s dog bit you and you have $200 in medical bills).
  • Your landlord has unfairly withheld your security deposit.
  • A contractor caused minor damage to your home and refuses to pay for it.

Fortunately, the Iowa court system makes it easy to file small claims cases even when you don’t have a lawyer. The court website offers simple instructions, but here’s a basic overview of how the process works:

  • Use a free, court-approved form to file.
  • Have a notice of the lawsuit served to the defendant (service instructions vary by county).
  • If the defendant doesn’t file an Answer in time, you may win by default.
  • If the defendant does file an Answer, the court will set a date for your hearing.
  • At the hearing, make sure you bring evidence to prove your case.

Many people choose to represent themselves in IA small claims court, especially for relatively small debts. If you do choose to represent yourself, here are some suggestions to increase your chances of a positive outcome:

  • Show up on time — early is better!
  • Know and follow the rules of the Iowa Court System.
  • Dress appropriately (dressing like you would for church or a funeral is a good place to start).
  • Bring as much evidence as possible (contracts, receipts, witnesses, etc.).
  • Remember that the judge is in charge of the courtroom!

We asked an attorney for more tips on how to prepare for court, whether it be a small claims case or not. Watch the following video to learn more.

In small claims court, you also should always have your damages (the amount of money the defendant owes you) identified clearly. This is especially important if the defendant doesn't show up and the court issues a default judgment against them.

If you have outlined your damages and the amount is reasonable, the judge will likely award them to you. However, if you haven’t outlined your damages, the judge will decide what’s reasonable.

Key Takeaways

So, in short, here's the review on how to answer a summons for debt collection in Iowa.

Follow these three steps to respond to an Iowa debt lawsuit:

  1. Answer each claim listed in the Petition.
  2. Assert your affirmative defenses.
  3. File the Answer with the court, and send a copy to the plaintiff.

Iowa’s statute of limitations on debt is five years for credit cards, oral contract, and unwritten contracts and ten years for written contracts. Check the statute of limitations on your debt before you make any payments on the account.

You can settle your Iowa debts for less before going to court. SoloSettle, powered by Solosuit, makes it easy to do this.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources


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