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Fill and Sign the Petition for Replevin Form

Fill and Sign the Petition for Replevin Form

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Small Claims Form 3.5: Original Notice and Petition for Replevin In the Iowa District Court for ________________ County Plaintiff(s) ________________________________________ (Name) ________________________________________ (Address) ________________________________________ (Name) ________________________________________ (Address) vs. Defendant(s) ________________________________________ (Name) ________________________________________ (Address) ________________________________________ (Name) ________________________________________ (Address) Original Notice and Petition for Replevi n (Iowa Code chapter 643) If you need assistance to participate in court due to a disability, call the disability coordinator (information at https://www.iowacourts.gov/for-the-public/ada/ ). Persons who are hearing or speech impaired may call Relay Iowa TTY (1 -800 -735 -2942). Disability coordinators cannot provide legal advice. To Defendant(s): 1. You are notified that Plaintiff(s) demand(s) relief (not to exceed $6500 in total) from you in regard to the following described property: 2. The value of the property described is (value may not exceed $6 500): $______________________ __ 3. The relief requested includes (check all that apply): ฀ Plaintiff(s) ask(s) for possession of the property. ฀ Plaintiff(s) ask(s) for damages for unlawful retention. ฀ Plaintiff(s) ask(s) for damages for any damage to the property. ฀ Pl aintiff(s) ask(s) for damages for: ____ ______________________________________________________________________ (If asking for money damages, total amount including value of property cannot exceed $6500.) 4 . Plaintiff(s) claim(s) immediate possession because (check only o ne): ฀ Plaintiff(s) own(s) the property. ฀ Plaintiff(s) has (have) a security agreement for the property. i. A copy of the security agreement is attached. ii. The agreement shows that Plaintiff(s) is(are) entitled to seize possession o n default. i ii . Defendant(s) are in default because: ฀ Other: Small Claims Form 3.5, page 1 of 3* *Upon electronic filing, a clerk’s signature page will be att ached to this document as page 3. 5. The property (check only one): ฀ Is not in the possession of Defendant(s) pursuant to court order or judgment; or ฀ Was taken by Defendant(s ) under court order or judgment, but the property is exempt from seizure because: __________________________________________________________. 6. Judgment may be entered against you unless you file an Appearance and Answer within 20 days of the service of the Original Notice upon you. Judgment may include the amount reques ted plus interest and court costs. 7. You must electronically file the Appearance and Answer using the Iowa Judicial Branc h Electronic Document Management System (EDMS) at https://www.iowacourts.state.ia.us/EFile , unless you obtain from the court an exemption from electronic filing requirements. 8 . If your Appearance and Answer is filed within 20 days and you deny the claim , you will receive electronic notification through EDMS of the time and place for the hearing on this matter . 9 . If you electronically file, EDMS will serve a copy of the Appearance and Answer on Pl aintiff(s) or on the attorney(s) for Plaintiff(s). The Notice of Electronic Filing will indicate if Pla intiff(s) is (are) exempt from electronic filing, and if you must mail a copy of your Appearance and Answer t o Plaintiff(s). 10 . You must also notify the clerk’s office of any address change. I (We) certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. Date: _______________________________ ___ Date: _______________________________ __ ____________________________________ ___ ______________________________________ Plaintiff’s signature Plaintiff’s signature /s/ ________________________________ /s/ ________________________________ Filing Plaintiff or Attorney Second Plaintiff, if applicable ___________________________________ ___________________________________ Law firm, or entity for which filing is made, if applicable Law firm, or entity for which filing is made, if applicable ___________________________________ ___________________________________ Mailing address Mailing address ___________________________________ ___________________________________ Telephone number Telephone number ___________________________________ ___________________________________ Email address Email address ___________________________________ ___________________________________ Additional email address, if applicable Additional email ad dress, if applicable Small Claims Form 3.5, page 2 of 3* *Upon electronic filing, a clerk’s signature page will be att ached to this document as page 3.

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