Iowa · Unpaid personal loan
Unpaid personal loan in Iowa small claims
Friend or family owes you money? Recover it in small claims.
Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.
In Iowa, small-claims cases are heard in the District Court (small claims docket) and you can sue for up to $6,500.
Good to know: Iowa has no separate small claims court; it is a simplified docket of the district court under Iowa Code chapter 631, heard by a magistrate or judge. You file electronically through the statewide eFiling (EDMS) system in the county where the case belongs.
Unpaid personal loan: steps that matter
- Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
- Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
- Send a written demand for repayment with a clear deadline and keep proof you sent it.
- Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
- File in the court where the defendant lives or where the loan was agreed to.
Filing your Original Notice and Petition for a Money Judgment (Form 3.1) in Iowa
- Complete the Original Notice and Petition (Form 3.1). Fill in the county, your name and address, each defendant's name and address, and the amount owed and the reason. Do not include the filing fee or court costs in the amount claimed.
- Complete a Verification of Account (Form 3.27). Complete a separate Form 3.27 for each defendant and attach an itemized statement showing how you reached the amount claimed. If suing on a promissory note, include the original note.
- Electronically file and pay the fee. File the forms through the Iowa Judicial Branch eFiling (EDMS) system; the $95 filing fee is collected at filing.
- Arrange service on each defendant. Choose service by the county sheriff or by certified restricted mail through the clerk ($20 per party). Out-of-state defendants may be served via the Secretary of State ($10).
- Attend the hearing. If the defendant disputes the claim, the clerk sets a hearing. Appear in person (or through a lawyer), with proof of service and your evidence.
Filing fees: The filing fee is $95, set statewide and collected at eFiling. Certified restricted-mail service adds $20 per party; sheriff fees vary by county; Secretary of State service adds $10.
Deadline that applies to your unpaid personal loan
A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.
Written contract: 10 years (Iowa Code 614.1(5)(a))
Answering a lawsuit: 20 days after service (60 days if served via the Secretary of State).
Serving the defendant: The clerk causes service of the Original Notice and answer form. You may elect certified restricted-delivery mail (return receipt to the clerk) or personal service by a sheriff or peace officer; proper notice is shown by the signed receipt or a return of service (Iowa R. Civ. P. 1.308).
Appeals: Any party may appeal within 20 days of judgment, by oral notice at the end of the hearing or a written Notice of Appeal (Form 3.26) plus the district court docket fee (Iowa Code 631.13). The appeal is heard on the record by a different judge.
All Iowa small-claims deadlines
The table below lists the filing deadlines District Court (small claims docket) applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.
| Claim type | Filing deadline |
|---|---|
| Written contract (Iowa Code 614.1(5)(a)) | 10 years |
| Oral / unwritten contract (debt) (Iowa Code 614.1(4)) | 5 years |
| Property damage (Iowa Code 614.1(4)) | 5 years |
| Personal injury (Iowa Code 614.1(2)) | 2 years |
Iowa small-claims forms for your unpaid personal loan case
These forms are published by the District Court (small claims docket). Download and complete them before filing.
- Instructions for Filing a Small Claims Action for Money Judgment: Official Iowa Judicial Branch step-by-step instructions for plaintiffs filing a small claims money-judgment case (forms, fees, service, hearing, appeal).
- Form 3.1 - Original Notice and Petition for a Money Judgment: The document that starts a small claims money-judgment case against an Iowa-resident defendant (the initial filing).
- Form 3.26 - Notice of Appeal: Used to appeal a small claims judgment within 20 days of the ruling.
- Small Claims Evidence: What To Bring To Court: Official Iowa Judicial Branch guide on evidence and documents to bring to the small claims hearing.
This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Iowa Judicial Branch: Small Claims. Last reviewed 2026-06-24.