NOTICE
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.
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Published in the Marcus News on July 31, 2025