Overview
Process Server in Iowa: How Service of Process Works
In Iowa, the document that starts a lawsuit is called the 'original notice'. It may be served by any person who is at least 18 and not a party. Papers can be delivered to the defendant personally, or left at the defendant's dwelling or usual place of abode with a person residing there who is at least 18. The original notice must be served within 90 days after filing the petition, or the court can dismiss the case unless the plaintiff shows good cause.
Who serves process
Who Can Serve Legal Documents in Iowa
Under the Iowa Rules of Civil Procedure, the original notice may be served by any person who is at least 18 and not a party to the action. Iowa doesn't license process servers, though sheriffs also serve process.
The original notice and a copy of the petition are served together.
Typical documents include original notices and petitions, small claims papers, forcible entry and detainer (eviction) papers, subpoenas and dissolution papers.
Proof you receive: a sworn affidavit of service
The server files a return of service, by affidavit if not a sheriff, stating how, when and where service was made.
Original notice service statewide
Personal and abode service in all 99 counties within the 90-day window.
Deadline-driven service
Priority attempts so defendants are served well inside 90 days of filing.
Des Moines, Cedar Rapids and statewide
Fast service in Polk, Linn, Scott, Johnson and every Iowa county.
The rules
Iowa Service of Process Rules
The Iowa rules that matter most for service:
| Rule | What it covers |
|---|---|
| Iowa R. Civ. P. 1.302(5) | Serve within 90 days of filing the petition |
| Iowa R. Civ. P. 1.305 | Personal and abode service |
| Iowa R. Civ. P. 1.308 | Return of service |
| Iowa R. Civ. P. 1.303 | Answer within 20 days |
Treaties
Iowa and the Hague Conventions: Treaty Status
The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. Iowa has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on Iowa's law and on what your court allows.
Iowa is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.
