How to Delay a Sheriff Lockout by Appealing an Eviction in Iowa

If you are facing eviction in Iowa and a court has ruled that you must move, you may still have options to temporarily stay (delay) the sheriff’s lockout by filing an appeal. Understanding the steps and your rights under Iowa law can help you protect your housing situation during this difficult time.

Understanding Eviction Appeals and Sheriff Lockouts in Iowa

Once a landlord wins an eviction case (called a "forcible entry and detainer"), the court issues a judgment for possession. The landlord can then request the sheriff to enforce the eviction—this action is called a sheriff lockout. However, as a tenant, you may have the right to appeal the court’s decision and request a stay to delay the lockout while your appeal is processed.

Who Handles Eviction Cases and Appeals?

• Iowa District Court – Small Claims Division oversees eviction hearings and initial judgments. Appeals are also filed here before moving to the Iowa District Court and potentially higher courts.
• For official information and courthouse locations, visit the Iowa Judicial Branch Small Claims Court page.

How Appeals Affect a Sheriff Lockout

Filing an appeal does not automatically stop the lockout process in Iowa. To delay the sheriff’s eviction, you must also file a "supersedeas bond" (a payment guaranteeing future rent and costs) or receive a judge's order for a stay.

Key Steps to Stay a Sheriff Lockout through Appeal

• Act quickly — you generally have 20 days from the judgment to file your appeal.^[1]
• Make sure to file a "Notice of Appeal" with the district court where your case was heard.
• Request a stay (pause) of the judgment, usually by posting a supersedeas bond with the court. This delays the sheriff’s action until your appeal is decided.^[2]

Official Forms and How to Use Them

• Notice of Appeal (form number varies by county)
• When to use: If you disagree with the eviction ruling and want to ask a higher court to review your case.
• How: File the Notice of Appeal within 20 days after judgment. The form may be available from your county clerk or the Iowa Judicial Branch court forms directory.
• Supersedeas Bond
• When to use: To delay the eviction while your appeal is pending.
• How: Post the bond (the amount is set by the court) when you file your appeal. Ask the court clerk for guidance on the exact paperwork and payment method.
• Application for Stay of Writ
• When to use: If you need to formally ask the court to stop the sheriff lockout while your appeal is heard.
• How: Submit this request along with your Notice of Appeal or immediately afterward. Speak with the court clerk or refer to your county’s official forms for instructions.

If you are struggling to locate the right forms, you can contact the Iowa Judicial Branch self-help resources for assistance.

Relevant Iowa Tenancy Laws

• The main legislation covering evictions and appeals is the Iowa Code Chapter 648 – Forcible Entry and Detainer.^[1]
• Payment of a supersedeas bond to stay an eviction is addressed in Iowa Code Section 648.22.

Step-by-Step: How to File an Appeal to Stay a Sheriff Lockout

• 1. Request and Complete a Notice of Appeal: Get the Notice of Appeal form from your county court clerk or online at the Iowa Court Forms Directory.
• 2. File Within the Deadline: File your appeal within 20 days after the eviction judgment.
• 3. Request a Stay and Post a Supersedeas Bond: To delay the sheriff lockout, ask for a stay of execution and pay a supersedeas bond if required.
• 4. Attend Hearings or Further Proceedings: You may be scheduled for additional court dates as your appeal moves forward.
• 5. Follow Up with the Court: Keep in contact with the court clerk and follow all required steps in your appeal process.

Each step is vital. Missing a deadline or bond payment could allow the sheriff lockout to proceed.

FAQ: Iowa Renters Facing Sheriff Eviction and Appeals

1. How long do I have to file an appeal after an eviction judgment in Iowa?
   You generally have 20 days from the date of the judgment to file your Notice of Appeal with the court.
2. Does filing an appeal automatically stop the sheriff from locking me out?
   No, you must also post a supersedeas bond or obtain a court order to stay the eviction pending appeal.
3. Where do I find the necessary appeal and bond forms?
   You can find court forms at the Iowa Judicial Branch forms page or by contacting your local courthouse.
4. What is a supersedeas bond?
   It is a payment set by the court meant to ensure rent and damages are covered during your appeal. It is required to delay (stay) a sheriff lockout.
5. What happens if I miss the appeal deadline?
   If you miss the 20-day window or do not post a bond if required, the sheriff lockout can proceed and you may lose your right to appeal.

Conclusion: Key Takeaways for Iowa Renters

• Appealing an eviction judgment can give you more time before a sheriff lockout, but only if you also request a stay and post any required bond.
• Strict deadlines and paperwork requirements apply—act quickly and seek legal assistance if needed.
• Contact your local court or visit official Iowa court resources to get help and locate forms.

Knowing your rights and the proper legal process can make the difference in protecting your home during an eviction appeal.

Need Help? Resources for Renters in Iowa

• Iowa Judicial Branch Self-Help Center: Find forms, instructions, and guidance for renters and self-represented tenants.
• Iowa Legal Aid: Provides free or reduced-cost legal assistance to income-eligible renters facing eviction (check eligibility online).
• Contact your county courthouse for direct help with forms or filing procedures.

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1. Iowa Code Chapter 648 – Forcible Entry and Detainer (Eviction Law).
2. Iowa Judicial Branch – Small Claims Court Information.

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