Legal Question in Civil Litigation in Iowa
What is the procedure for serving a small claims court notice? Can a sheriff's deputy forcibly enter my house? Can they entrap me in my home by parking in my driveway so that I can not leave? Can they throw the notice at me and yell, "You've been served?"
2 Answers from Attorneys
The deputy cannot forcibly enter your house without a warrant. I see nothing wrong with waiting in your driveway. I suppose techically the summons can be thrown at you, but I would be surprised if a deputy would act that unprofessionally. The individual serving you is not necessarily a deputy--private process servers often serve individuals in Iowa.
On the other hand, just accept service. If you avoid service, the plaintiff will just serve you by publication, which you cannot avoid.
You're asking all the wrong questions. The right question is why wouldn't you just open the door and accept service of process. My advice is to stop bellyaching about the sheriff and start dealing with the lawsuit allegations.
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