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Iowa Small Claims Questions & Answers
0 Answers | Asked in Landlord - Tenant and Small Claims for Iowa on
Q: Can s disolved entity LLC sue you when they're not winding up and it's not preexisting

Dissolved entity suit sued me and garnish my wages I judge knowingly new they were ta dissolved and it wasn't previous winding up and rules in there favor even stated and in court that they were not an active. and and it is

1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for Iowa on
Q: I was scammed out of $900 at my bank. Does the bank have to reimburse me ? They also took an online loan out in my

These people pretended to be my bank and called me saying my account was compromised. Said they would move my money to a secure account and they verified info. Needless to say, I got scammed as they made several charges on my debit card and even took out a loan on my account. Idk why my bank... View More

Matthew McKenna
Matthew McKenna
answered on May 14, 2024

I would consult with an attorney familiar with the Electronic Funds Transfer Act. Your ability to recover may be fact specific and will likely be tied to your dispute with your bank. If you haven't disputed the transactions with your bank yet, do so immediately. I would make a written dispute.

1 Answer | Asked in Small Claims and Landlord - Tenant for Iowa on
Q: My nephew needed $575 deposit to get an apt so my mom wrote him a check. Now he has moved and they won't give him the mo

money back. Who is suppose to file the small claims? Him because it was for his apt or her because it was her check

T. Augustus Claus
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answered on Dec 27, 2023

In this situation involving a $575 deposit for an apartment, where your nephew has moved and is unable to retrieve the money, the appropriate party to file a small claims case would typically be your nephew. Since the deposit was intended for his apartment, he is the aggrieved party seeking the... View More

1 Answer | Asked in Small Claims for Iowa on
Q: i had aliera insurence and was part of the claim for the lawsuit but i cannot find my pay stubs on this can a lawer help
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2023

An Iowa attorney could advise best, but your question remains open for a week. Is the claim for lost wages only? Then you may be able to get replacement paystubs from your employer's HR dept. Is the claim for something bigger, like bodily injury, where pay stubs are only one component of the... View More

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Small Claims for Iowa on
Q: Can I sue in small claims court(or larger)for breach of contract against my daughters’ former dance studio? $10k wasted

Teen daughters danced at a studio. Annually fill/sign a standardized code of conduct form agreeing to policy of treatment of others. My kids (and others) were bullied by suburb mean girls. Owner informed. Kids were blamed by owner instead of helping. We told our kids to be overly nice (too nice to... View More

Erik Luthens
Erik Luthens
answered on Mar 16, 2023

I absolutely understand your frustration- both of my daughters danced on competitive teams for several years (my wife was also the varsity dance coach at Urbandale High School for several years). However, this is not a matter to be litigated in court (small claims or otherwise). If I were you, I... View More

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2 Answers | Asked in Car Accidents, Personal Injury, Civil Rights and Small Claims for Iowa on
Q: Can my dads friend come after me for $1100 to fix his truck after accident with a mini bike without an insurance claim?

I was in an accident where I lost control of my friends minibike and hit his dads, friends truck. I suffered a broken wrist due to it and two days after the incident, the guys wife reached out saying the estimated cost to fix the truck was $1100 and that I would rightfully have to pay it because... View More

Tim Bottaro
Tim Bottaro
answered on Oct 6, 2021

If they turned the claim into their insurance company and it was paid, the insurance company would have a right to go after you for reimbursement.

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1 Answer | Asked in Small Claims for Iowa on
Q: have been overcharged for labor on repairs and got damage to truck while in shop
Tim Akpinar
Tim Akpinar
answered on Mar 10, 2020

If you have estimates and other paperwork proving the overcharge, and there are no provisions in the shop's fine print mandating arbitration as a forum, small claims could be an option. However, if you are able to come to some sort of compromise, that could eliminate the time spent in court... View More

2 Answers | Asked in Bankruptcy and Small Claims for Iowa on
Q: Can someone use bankruptcy against me for a small claims settlement due to damage of my home?

A family member I'm in the process of filling a small claims suite against caused thousads of dollars worth of damage to my home. Could this person use bankruptcy to get out of paying a settlement if it's ruled in my favor?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 26, 2019

Unless Iowa is very different than most states, you cannot bring an action seeking "thousands of dollars" in a small claims court. Your important question about the bankruptcy cutting you off should be asked to and answered by a bankruptcy lawyer in your area.

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1 Answer | Asked in Car Accidents, Collections and Small Claims for Iowa on
Q: My husband owes $6,000 due to a fender bender in Washington State. How do I start a payment plan to get that paid back?

They suspended his licence too. Need to get that back

Peter N. Munsing
Peter N. Munsing
answered on Apr 16, 2018

Did he have insurance? If so that should cover it. You need to talk to someone who hanldles suspensions to see what his options are.

1 Answer | Asked in Consumer Law, Contracts, Small Claims and Civil Litigation for Iowa on
Q: Can you sue in small claims court for money and the termination of a contract on a car?

I was sold a car and the dealership committed fraud and lied in their contract. The contract is worth 18,000. I want to retrieve $5,000 from them and also want the debt of the contract to be gone. Can I do this if the small claims court max is $5,000?

Harley C. Erbe
Harley C. Erbe
answered on Jan 11, 2018

If you have good evidence of fraud, there's no reason to limit yourself to small claims court. You should instead pursue a claim in regular district court under Iowa's private consumer fraud act, Iowa Code Chapter 714H. I have information about that law on my website. Iowa Code Chapter... View More

1 Answer | Asked in Criminal Law, Sexual Harassment and Small Claims for Iowa on
Q: If I'm a 15 year old girl and a lesbian can I date a 17 year old who is about to be 18 ?
Nicholas Hay
Nicholas Hay
answered on Sep 8, 2016

Yes. If you are 15 years old, then any sexual act between you and someone who is less than 4 years older is legal. Since you are 15, you would be able to date an 18 year old. In Iowa, the age of consent is 16, but if you are 14 or 15, then a sex act is a felony if the other person is 4 years or... View More

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