Eviction Process Questions

[Rebecca B.]

Des Moines, Iowa.

I served a 3 day notice, personally and signed by a ternary, and on the third day they said they had part of the rent and would have the rest the following week. Nice try. I declined the partial payment. I had one of the tenants, sign a 7 day notice on the off chance they would pay.

Today is the last day to pay and I haven't heard from them, except for a text message from a relative of theirs saying that I needed to let them pay late or they would drag out the eviction process. I ignored that.

My plan is to file for an FED tomorrow morning. I have a few questions first.

Do I have to contact them today or do I just wait to see if they contact me?

It's my understanding that I go to the civil court on 5th Street and file. The Sheriff has an office there too for service. Is that the best way or should I use another process server? The IA REIA has a recommended server on their website. Any reason not to use the Sheriff?

Am I correct in that this is just to get possession. That I would later file a small claims for rent, late fees and any damages?

If I have an attorney at the hearing can I include the coat of that in what they owe me?

I know where the one tenant works. I'm thinking with this I can get a garnishment if I have to. Can I? 

Thanks in advance for all your help.

My original post is here:

https://www.biggerpockets.com/forums/52/topics/350...

[Taylor Marvin]

Hey Rachel, to file your FED/MJ, you must use the below website, no need to go downtown. On the main page is a link to "Forms for eFiling" which has copies of the Original Notice FED (and/or MJ) that you'll submit, along with a Verification of Account (for each tenant). 

https://www.iowacourts.state.ia.us/Efile//

Once they accept the filing, you'll receive the court date/time back from them. Then you can get the sheriff to serve them (make sure to bring a check to their office). 

Yes, the FED is just for possession. You can file a MJ at the same time to avoid the second $85 filing fee, but you don't need to. 

Feel free to contact me offline to discuss further.