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.

Terms Used In Iowa Code 631.12

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Docket: A log containing brief entries of court proceedings.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Recording: when applied to the official public records of a probate or other court, includes filing. See Iowa Code 614.29
 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.
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