What is the Iowa law for commercial eviction?
Full Question:
Answer:
Eviction Procedures: (if for non-payment of rent)
1. Send the tenant(s) a notice of nonpayment of rent or a notice to quit.
2. Next the landlord must go to the Clerk of Court for Forcible Entry and Detainer notice. This notice will probably be given to the tenant by a Sheriff or else it will be mailed. This should include the reason for the eviction, the date of the scheduled eviction hearing, and the signature of the landlord, or the landlord's attorney. The hearing is then suppose to take place within seven days of the time the landlord filed the eviction notice.
In addition to evicting the tenant, the landlord may sue the tenant for unpaid rent or damage. Generally the date and time of the eviction hearing is set up automatically. The date and time will be on the Original Notice.
The hearing that is for the action of back rent or damages, is not automatically set up. The tenant must fill in a form and return it to the Clerk of Court. This form is usually included with all of the other papers. The tenant has twenty days to return this form and if they don't, they automatically lose. If the tenant does return the form, a hearing will be set up later.
3. Eviction Hearing: The tenant must appear in court on the date stated or the tenant automatically loses. The landlord also loses if they don't show up. After hearing both sides of the story, the judge can rule for either party. If they rule for the landlord , an Order of Removal will be issued, and the landlord will receive a Writ of Removal.
If the tenant is not out by the date and time stated, the Sheriff's office will remove the tenant and the tenant's property.
Unless the court rules otherwise, tenants who lose at the hearing could be evicted within one day. They could ask the court to order that they be allowed to stay a few days after the judgment, as long as they are out witch in three days. The judge is not obliged to allow them this time.
If the tenant wins, he or she can remain a tenant and the landlord may even have to pay the tenant any money the court finds is owed to the tenant.
Collection law differs as far as consumer debt and commercial debt. The way to legally collect a commercial debt depends on the type of commercial debt and whether or not it is a secured or unsecured debt. Regarding consumer debt, the Fair Debt Collection Act must be taken into consideration.
Fair Debt Collection Act
Who Is a Debt Collector? According to the Federal Fair Debt Collection Act, a debt collector is any person, other than the creditor, who regularly collects debts owed to others. Federal Fair Debt Collection Act was amended in 1986 to include attorneys who collect debt on a regular basis. However, this amendment does not apply to attorneys who only handle debt collection matters a few times a year.
What Debts Are Covered?; Personal, family, and household debts are covered under the Act. This includes money owed for medical care, charge accounts, and even car purchases.
How May a Debt Collector Contact You?; A debt collector may contact you in person, by mail, telephone, or telegram. However, a debt collector may not contact you at inconvenient or unusual times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector may not contact you at work if the debt collector has reason to know that your employer disapproves.
Can You Stop a Debt Collector From Contacting You?; You may stop a debt collector from contacting you by writing a letter to the collection agency telling them to stop. Once the agency receives your letter, they may not contact you again except to notify you that some specific action will be taken, which could include the instigation of legal action.
May a Debt Collector Contact Any Other Person Concerning Your Debt? A collector can only contact you and your attorney. Generally, the collector is not allowed to tell anyone other than you and your attorney that you owe money. If you do not have an attorney, the debt collector may contact other people, but only to find out where you live or work. Furthermore, the collector is usually prohibited from contacting any person, other than you or your attorney, more than once.
What Is the Debt Collector Required To Tell You About the Debt? Within five days after you are first contacted, the debt collector must send you a written notice telling you the amount of money you owe, the name of the creditor to whom you owe the money, and what to do if you believe you do not owe the money.
If You Believe You Do Not Owe the Money, May a Debt Collector Continue To Contact You?; The debt collector may not contact you if, within 30 days after you are first contacted, you send the collector a letter saying you do not owe the money. However, a debt collector can begin collection activities again if you are sent proof of the debt, such as a copy of the bill.
What Types Of Debt Collection Practices Are Prohibited?
Harassment. Debt collectors may not harass, oppress, or abuse any person. Debt collectors may not:
(a)Use threats of violence or harm to the person, property, or reputation.
(b) Advertise your debt or publish a list of consumers who refuse to pay their debts (except to a credit bureau).
(c) Use obscene or profane language.
(d) Repeatedly use the telephone to annoy someone.
(e) Telephone people without identifying themselves.
False statements. Debt collectors may not use any false statements when collecting a debt. Debt collectors may not:
(a) Falsely imply that they are an attorney or government representative.
(b) Falsely imply that you have committed a crime.
(c) Falsely represent that they operate or work for a credit bureau.
(d) Misrepresent the amount of the debt.
(e) Indicate that papers being sent are legal forms when they are not.
(f) Indicate that papers being sent are not legal forms when they are.
Debt collectors may not say that:
(a) You will be arrested if you do not pay your debt.
(b) They will seize, garnish, attach, or sell your property or ages, unless the collection agency or the creditor intends to do so, and it is legal.
(c) Actions will be taken against you which legally may not be taken.
Debt collectors may not:
(a) Give false credit information about you to anyone.
(b) Send you anything that looks like an official document from a court or government agency when it is not.
(c)Use a false name.
Unfair Practices. Debt collectors may not engage in unfair practices in attempting to collect a debt. Debt collectors may not:
(a) Collect any amount greater than your debt, unless allowed by law.
(b) Deposit a post-dated check before the date on the check.
(c) Make you accept collect calls or pay for telegrams.
(d) Take or threaten to take your property unless this can be done legally.
(e) Contact you by postcard.
What Control Do You Have Over Payment Of Debts? If you owe several debts, any payment you make must be applied to the debt you choose. A debt collector may not apply a payment to any debt you believe you do not owe.
What Can You Do If You Believe a Debt Collector Broke the Law? You have the right to sue a debt collector in a state or federal court within one year from the date you believe the law was violated. If you win, you may recover money for the damage you suffered, plus court costs and attorney's fees. A group of people may sue a debt collector and recover money for damages up to $500,000 or one percent of the collector's net worth, whichever is less.
