Legal Question in Credit and Debt Law in Iowa

Small claims

If I sue someone in Iowa for a debt as of yet unpaid (5000.00) ,can I include the interest 5%, and the expenses associated with traveling to Iowa (from Oregon) also?


Asked on 3/08/07, 2:47 am

1 Answer from Attorneys

Andrew Svitek Svitek Law Group, LLC

Re: Small claims

You are probably entitled to the statutory interest rate (Oregon is 9% simple interest) if an interest rate is not specified in a written agreement.

However, I doubt that you would be able to recover costs of travel unless you had a written agreement that specifically addressed the situation.

You may be able to recover your attorney fees and court costs if you prevail in a contract suit if Iowa has a fee-shifting statute like Oregon, but that would the suit would need to be filed in regular court. You would not necessarily need to appear in court and an attorney could file the lawsuit on your behalf. If the debtor signed a promissory note, it should be a fairly clearcut case unless he has some defenses to the validity of the agreement or counterclaims.

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Answered on 3/13/07, 3:29 am


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