648.5  Jurisdiction--hearing--personal service.

The court within the county shall have jurisdiction of actions for the forcible entry or detention of real property. They shall be tried as equitable actions. Unless commenced as a small claim, a petition shall be presented to a district court judge. Upon receipt of the petition, the court shall order a hearing which shall not be later than seven days from the date of the order. Personal service shall be made upon the defendant not less than three days prior to the hearing. In the event that personal service cannot be completed in time to give the defendant the minimum notice required by this section, the court may set a new hearing date. A default cannot be made upon a defendant unless the three days' notice has been given.

Section History: Early form

  [C51, § 2367; R60, § 3957; C73, § 3616; C97, § 4211; C24, 27, 31, 35, 39, § 12267; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 648.5]

Section History: Recent form

  86 Acts, ch 1130, § 1; 95 Acts, ch 125, §14

Internal References

  Referred to in § 562A.29A, 562B.27A, 648.10, 648.19


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