IN THE IOWA DISTRICT COURT FOR CHEROKEE COUNTY
UNITED BANK OF IOWA
Plaintiff
VS
MICHAEL JOHN KUNKEL
Defendant
03181 SCCV028045
ORDER
NOW this matter comes before the Court as Plaintiff has requested to serve Defendant in this small claims action by publication. The Court notes that service of a small claims action is covered by Iowa Code 631.4 and does not provide for service by publication. Furthermore, a personal judgment cannot be entered against a person served by publication or by publication and mailing unless the party appears. Thus service by publication as requested does not appear to be a remedy that would allow Plaintiff to advance this cause of action and therefore the request is denied.
If Plaintiff has alternative authority to cite which would indicate that a small claim can be served by publication or that a personal judgment would then become available to the Plaintiff as a result of service by publication then the Plaintiff is encouraged to refile the Motion along with citing the relevant authority.
IT IS SO ORDERED.
If you need assistance to participate in court due to a disability, call the disability coordinator at (712) 279-6035 or information at https://www.iowacourts.gov/for-the-public/ada/. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice.
Published in the Marcus News on July 17, 2025

PUBLIC NOTICE
THE IOWA DISTRICT COURT CHEROKEE COUNTY
UNITED BANK OF IOWA
Plaintiff(s),
vs.
MICHAEL JOHN KUNKEL
Defendant(s).
NO. SCCV028045
DATE PETITION FILED: 3/25/2025
ORIGINAL NOTICE
TO THE ABOVE-NAMED DEFENDANT(S):
You are notified that a petition has been filed in the office of the clerk of this court naming you as a defendant in this action, which petition prays for an action to enforce a Promissory Note and Security Agreement.
The name and address of the plaintiff is United Bank of Iowa, 501 2nd St. Ida Grove IA 51445. The plaintiff’s phone number is 712-364-3393.
You must serve a motion or answer within a reasonable time, file your motion or answer with the Clerk of Court for CHEROKEE County, at the County courthouse. If you do not, judgment by default may be rendered against you for the relief demanded in the petition.
If you need assistance to participate in court due to a disability, call the disability coordinator at 712-279-6035. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice.
CLERK OF COURT
CHEROKEE County Clerk of Court
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS.
Published in the Marcus News on July 17, 2025