Legal Question in Civil Litigation in Iowa

Small Claim Case

I filed a small claims case as the Plaintiff for an amount of $1495.00. The defendant was served by the sherrif and this is what happened:

1) A person assoicated with the defendant sent me a check for $900 which funds have cleared and this is acceptable to be for this case so as to avoid going to court.

2) The defendant's attourney replyed to the clerk with '' denies the claim of the Plantiff. WHEREFORE the defendant prays that this matter be dismissed and said dismissal be at the Plantiff's cost''

If I am correct the courts/clerk will set a trail by default. IF I (the plantiff) do not show up for the trial, can I be held liable for any damages or costs? IF so, what must I do to close the case?

Sincerely

Aubrey


Asked on 10/15/07, 3:58 pm

1 Answer from Attorneys
Stephen Lombardi Lombardi Law Firm

Re: Small Claim Case

If you're satisfied with the amount paid and the check has cleared just dismiss your claim at the court house. Dismiss without prejudice. You could first ask the other side to pay costs.

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Answered on 10/16/07, 9:06 am


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