631.12 Entry of judgment — setting aside default judgment.
1. The clerk shall immediately enter the judgment in the small claims docket and district court lien book, without recording. Relief shall be granted as is appropriate. Upon entering judgment, the court may provide for installment payments to be made directly by the party obligated to the party entitled thereto. If installment payments are ordered, execution shall not issue as long as the payments are made, but execution shall issue for the full unpaid balance of the judgment upon the filing of an affidavit of default. When entered on the small claims docket and district court lien book, a small claims judgment shall constitute a lien to the same extent as regular judgments entered on the district court judgment docket and lien book. However, if a small claims judgment requires installment payments, the judgment shall not be enforceable until an affidavit of default is filed.
2. A defendant may move to set aside a default judgment in the manner provided for doing so in district court by
rule of civil procedure 1.977
.
[C73, 75, 77, 79, 81, §631.12]
84 Acts, ch 1322, §5; 99 Acts, ch 144, §11; 2019 Acts, ch 59, §213
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Section 631.1 - Small claims — jurisdiction.
Section 631.2 - Jurisdiction and procedures.
Section 631.3 - Commencement of actions — clerk to furnish forms — subpoena.
Section 631.4 - Service — time for appearance.
Section 631.5 - Appearance — default.
Section 631.6 - Fees and costs.
Section 631.7 - Parties, pleadings, and motions.
Section 631.9 - Jurisdiction determined.
Section 631.10 - Failure to appear — effect.
Section 631.12 - Entry of judgment — setting aside default judgment.
Section 631.14 - Representation in small claims actions.
Section 631.15 - Standard forms.