Statute of Limitations on Debt in Iowa: What You Need to Know
Iowa gives creditors 5 years to sue on most debts and 10 years on written contracts. Once the statute of limitations expires, creditors can't use courts to collect, but you must still respond to any lawsuit to assert this defense.
Answer Your LawsuitIowa has longer statutes of limitations than most US states. Some debts have a 5-year limit while others extend to 10 years. Understanding these deadlines can protect you from unfair collection attempts.
You can use these time limits as a defense strategy. Creditors lose their right to sue once the deadline passes.
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You only have 20 days to respond to your Iowa debt collection lawsuit. Generate an attorney-reviewed Answer document now and protect your rights before the deadline passes.
Create Your AnswerWhat Is the Statute of Limitations on Debt?
The statute of limitations on debt sets a deadline for lawsuits. Creditors can only sue you within this specific timeframe. Once the period expires, your debt becomes time-barred.
The debt still exists after the deadline passes. Creditors just can’t use courts to force payment anymore. Each state sets its own time limits based on debt type.
Iowa Statute of Limitations by Debt Type
Iowa categorizes debts into written contracts, unwritten contracts, and judgments. Each category has different time limits. Federal and county debts follow separate rules entirely.
Quick Reference Table
| Debt Type | Time Limit |
|---|---|
| Credit Card | 5 years |
| Medical | 5 years |
| Student Loan (Private) | 5 years |
| Auto Loan | 5 years |
| Mortgage | 5 years |
| Personal Loan | 5 years |
| Judgment | 20 years |
Source: Iowa Code § 614.1
Unwritten Contracts: 5 Years
Unwritten contracts are also called open accounts. These debts don’t require a signed written agreement. Most credit card debts fall into this category in Iowa.
Iowa Code § 614.1(4) sets the five-year limit. The clock starts when you miss your first payment. Property damage claims also follow this timeframe.
Written Contracts: 10 Years
Written contracts include signed agreements with payment terms. Auto loans and mortgages typically qualify as written contracts. The debtor must have signed a formal document.
Iowa Code § 614.1(5)(a) establishes this 10-year deadline. Real property recovery claims also follow this extended period.
Judgment Liens: 20 Years
A judgment lien enforces a court-ordered debt settlement. Courts use liens to guarantee payment from uncooperative debtors. Iowa gives creditors 20 years to collect on judgments.
Iowa Code § 614.1(6) covers these liens. The statute applies to Iowa judgments and out-of-state court orders. Federal court judgments also follow this rule.
State Tax Debts: 10 Years
State tax debts have a renewable 10-year limit. Iowa can extend this deadline under certain conditions. County tax debts have no statute of limitations at all.
How These Limits Apply to Common Debts
Debt classification isn’t always straightforward. Some debts shift between categories based on documentation. Understanding these nuances protects your rights.
Credit Card Debt
Most credit card debt has a 5-year limit in Iowa. Standard credit card agreements don’t count as written contracts here. You need a separately signed document for the 10-year rule.
Some creditors get borrowers to sign additional agreements. Review your paperwork carefully to determine your deadline. When in doubt, our partner Solo can help you verify.
Student Loans
Federal student loans have no statute of limitations. The government can pursue these debts indefinitely. Private student loans follow different rules in Iowa.
Private lenders must sue within 5 years. These loans count as written contracts with specific terms. The deadline starts from your last payment date.
Medical Bills
Medical debt typically falls under the 5-year rule. Hospitals and doctors rarely get signed payment agreements. Most medical bills qualify as unwritten contracts.
Some medical providers use financing companies. These arrangements might create written contracts instead. Check your billing statements for signed agreements.
Court Judgment Exemptions
Not all court-ordered debts have time limits. Child support and spousal support never expire. You must pay these obligations until completely satisfied.
Iowa Debt Collection Laws Protect You
Iowa enforces both federal and state consumer protection laws. The Fair Debt Collection Practices Act (FDCPA) prevents harassment. The Iowa Fair Debt Collection Practices Act adds extra protections.
Collectors can’t use obscene language or threats. They can’t call during inconvenient hours. False claims about what you owe are also prohibited.
You can request collectors stop contacting you under FDCPA. Send a written cease communication letter by certified mail. Collectors must honor this request for most communication types.
Some collectors ignore these protections and sue anyway. They may even file lawsuits on time-barred debts. Never ignore a lawsuit, even if the debt seems old.
Responding to a Debt Collection Lawsuit in Iowa
Collection companies often buy old debts cheaply. They file lawsuits hoping you won’t respond. Many of these debts are already time-barred.
Federal law prohibits threatening lawsuits on time-barred debts. Collectors do it anyway because most people don’t respond. Ignoring the lawsuit guarantees you lose.
Your Response Deadline
You have 20 calendar days to respond in Iowa. The clock starts when you receive the summons. Service by mail gives you 60 days instead.
Iowa Rule of Civil Procedure 1.303 sets these deadlines. Missing your deadline results in automatic judgment against you. The court won’t hear your defenses after that.
How to File Your Answer
You need to file an Answer document with the court. Our partner Solo makes this process simple and fast. You can also use Iowa’s online form for small claims.
Your Answer should respond to each claim individually. Admit what’s true and deny what’s false or unknown. Include any affirmative defenses like statute of limitations.
Small claims cases use the Appearance and Answer of Defendant(s) form. Complete it online through Iowa’s electronic filing system. Some courts require electronic filing for all cases.
Creating Your Own Answer Document
You can draft your own Answer if needed. Include your full name and contact information. Add the case number from your summons.
Address each allegation from the complaint specifically. State whether you admit, deny, or lack knowledge. List all affirmative defenses in a separate section.
File your Answer with the court that issued the summons. Send a copy to the plaintiff’s attorney by mail. Keep proof of both filings for your records.
Defend Yourself Against Debt Collectors
Debt collection lawsuits involve complex legal procedures. Missing deadlines or filing incorrect responses hurts your case. You need accurate information and proper documentation.
Our partner Solo helps you create attorney-reviewed Answer documents. The service identifies applicable affirmative defenses automatically. You can even apply for fee waivers if needed.
The platform compiles all necessary case information. Your Answer gets filed with the court electronically. A copy goes to the plaintiff’s attorney simultaneously.
Human attorneys would need days to complete this work. The automated system does everything in minutes. You get professional-quality documents without expensive legal fees.
Settling Debt Before Your Court Date
You can negotiate even if your debt is valid. Many creditors accept reduced lump-sum payments. Settling saves both sides time and legal costs.
Start negotiations early for better results. Creditors become less flexible as court dates approach. Get any settlement agreement in writing before paying.
Settlement doesn’t erase the lawsuit automatically. You need a dismissal filed with the court. Make sure your agreement includes this dismissal language.