Summary
To contest an Affidavit of Soldier and Sailor Relief in Iowa small claims court, draft a motion, gather evidence, and file it with the Scott County Courthouse. Ensure proper service to all parties and attend the scheduled hearing to present your case. Forms can be accessed on the Iowa Judicial Branchs website or obtained directly from the courthouse.Full Conversation
I have a court document I need help with
To better assist you, could you please let me know which state or city you are located in? This will help me provide you with the most relevant legal information.
Davenport, Iowa
Thank you, ****. What type of court document do you need help with?
I believe it is for small claims court
Thank you, ****. Here’s some general information on small claims court in Iowa:
- **Monetary Limit**: Up to $*,*.
- **Filing Fee**: Typically around $*.
- **Representation**: Attorneys are not required.
Scott County Courthouse (nearest to Davenport)
Phone: (*) *-*
Address: * W 4th St, Davenport, IA *
Website: www.iowacourts.govCould you specify what particular assistance you need with the court document?
Filings
Title: ANN WANTA VS KAYLENE & CAYLA GARCIA
Case: * SCSC247354 (SCOTT)
Citation Number:
Docket # Event Filed By Filed Create Date Last Updated Action Date
D0003 AFF OF SOLDIER AND SAILOR RELIEF WANTA ANN MARIE */*/* */*/* */*/*
D0001 AFF OF SOLDIER AND SAILOR RELIEF WANTA ANN MARIE */*/* */*/* */*/*
D0002 VERIFICATION OF ACCOUNT WANTA ANN MARIE */*/* */*/* */*/*
Comments: FOR CAYLA GARCIA
D0005 VERIFICATION OF ACCOUNT WANTA ANN MARIE */*/* */*/* */*/*
Comments: FOR KAYLENE WANTA GARCIA
D0004 SMALL CLAIMS ORIGINAL NOTICE WANTA ANN MARIE */*/* */*/* */*/*
Comments: FED HEARING IS SET FOR */*/* AT *:* PM
****, it looks like you have several filings related to your small claims case. Here's a quick overview:
- **Affidavit of Soldier and Sailor Relief**: Documents protecting active military members.
- **Verification of Account**: Confirms the accuracy of account details.
- **Small Claims Original Notice**: Notifies parties of the hearing date.
~Scott County Courthouse (nearest to Davenport)
**Phone**: (*) *-*
**Address**: * W 4th St, Davenport, IA *
**Website**: www.iowacourts.gov
Do you need help with a specific filing or process?
Is this document stating that I am a service member
The **Affidavit of Soldier and Sailor Relief** is a document used to inform the court that a party in a case is an active military member, which may grant certain protections under the Servicemembers Civil Relief Act (SCRA). Do you need help determining if this applies to you or how it affects your case?
Yes
To determine if the **Affidavit of Soldier and Sailor Relief** applies to you, could you please confirm if you or Cayla Garcia are active military members? The Servicemembers Civil Relief Act (SCRA) provides certain legal protections for military members in active duty.
We are not
The **Affidavit of Soldier and Sailor Relief** would not apply to you or Cayla Garcia if neither of you are active military members. This document is used for active military personnel to ensure they receive certain legal protections under the SCRA.
Would you like assistance with any other part of your case or any other documents?
So does that mean the the filer Ann Wanta is saying she is in the military
It appears that Ann Wanta has filed the **Affidavit of Soldier and Sailor Relief**, which is typically used to indicate that a party in the case is an active military member. This could mean Ann Wanta is claiming to be in the military.
Would you like to know how to contest this affidavit if you believe it is incorrect?
Yes I would help with this since I know that she is not military and has never been
To contest the **Affidavit of Soldier and Sailor Relief** filed by Ann Wanta, you can follow these steps:
*. **File a Motion to Contest**: Submit a written motion to the court disputing the affidavit.
*. **Gather Evidence**: Collect any evidence proving that Ann Wanta is not an active military member.
*. **Attend Hearing**: Be prepared to present your evidence during the hearing.
Would you like details on how to file the motion or need help with another document?
What does all of this have to do with small claims
In a small claims case, the **Affidavit of Soldier and Sailor Relief** is used to protect active military members from default judgments. If such an affidavit is improperly filed, it can affect the proceedings. Here's how it relates to your case:
- **Legal Protections**: Ensures fair treatment for active military members.
- **Court Proceedings Delay**: If contested, it may delay the case.
Would you like detailed steps on how to file your motion to contest the affidavit?
Yes
Steps to File a Motion to Contest the Affidavit of Soldier and Sailor Relief:
*. **Draft the Motion**:
- Title the document "Motion to Contest Affidavit of Soldier and Sailor Relief."
- Include your case details: case number, parties involved, and the specific affidavit you're contesting.
- Clearly state that you are contesting the affidavit because Ann Wanta is not an active military member.
- Provide any preliminary evidence or statements supporting your claim.
*. **File the Motion**:
- Go to the Scott County Courthouse.
- Submit the motion to the Clerk of Court.
- Pay any required filing fee.
*. **Serve the Motion**:
- Ensure Ann Wanta and any other involved parties receive a copy of the motion.
- Use a process server or certified mail to ensure proper delivery.
*. **Attend the Hearing**:
- The court will schedule a hearing to review your motion.
- Bring all your evidence to the hearing to present your argument effectively.
~Scott County Courthouse~
**Phone**: (*) *-*
**Address**: * W 4th St, Davenport, IA *
**Website**
Can i have the court forms to do this
Court forms for filing a motion in small claims court can often be found on the court's website or obtained directly from the courthouse. For Scott County, Iowa, you can access the necessary forms through the Iowa Judicial Branch's website.
~Scott County Courthouse~
Phone: (*) *-*
Address: * W 4th St, Davenport, IA *
Website: [Iowa Courts](https://www.iowacourts.gov)
Would you like guidance on filling out these forms?
Yes I would
Steps to Fill Out the Motion to Contest Affidavit Forms:
*. **Access the Forms**:
- Visit the Iowa Judicial Branch's website.
- Navigate to the small claims section to find the relevant forms.
*. **Fill Out the Forms**:
- **Case Information**: Enter your case number and details (e.g., "Case: * SCSC247354").
- **Motion Title**: Title the document "Motion to Contest Affidavit of Soldier and Sailor Relief."
- **Statement**: Clearly state that you are contesting the affidavit because Ann Wanta is not an active military member.
- **Evidence**: Attach any supporting documents that prove Ann Wanta is not in the military.
*. **Review and Sign**:
- Ensure all sections are filled out correctly.
- Sign and date the form.
*. **File the Forms**:
- Submit the completed forms to the Clerk of Court at Scott County Courthouse.
- Pay any applicable filing fees.
*. **Serve the Forms**:
- Provide a copy of the motion to Ann Wanta and any other involved parties.
- Use a process server or certified mail for proper delivery.
*. **Prepare
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