Rule 1.974 – Notice of default in certain cases

by | May 13, 2021 | Civil Procedure, Iowa

When any judgment other than one in rem has been taken by default against a party served with notice delivered to another person as provided in rule 1.305(1), the clerk shall immediately give written notice thereof, by ordinary mail to such party at that party’s...

Rule 1.973 – Judgment on default

by | May 13, 2021 | Civil Procedure, Iowa

Judgment upon a default shall be rendered as follows:1. 973(1) Where the claim is for a sum certain, or which by computation, can be made certain, the clerk, upon request, shall make such computation as may be necessary, and upon affidavit that the amount is due shall...

Rule 1.972 – Procedure for entry of default

by | May 13, 2021 | Civil Procedure, Iowa

1. 972(1)Entry. 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 accordance with the procedures set forth in this rule without...

Rule 1.971 – Default defined

by | May 13, 2021 | Civil Procedure, Iowa

A party shall be in default whenever that party does any of the following:1. 971(1) Fails to serve and, within a reasonable time thereafter, file a motion or answer as required in rule 1.303 or 1.304.1. 971(2) Withdraws a pleading without permission to replead.1....

Rule 1.962 – Affidavit of identity

by | May 13, 2021 | Civil Procedure, Iowa

The clerk shall not enter a personal judgment until the creditor, creditor’s agent or attorney, files an affidavit stating the full name, occupation and residence of the judgment debtor, to affiant’s information and belief. If such residence is in an...