The clerk shall not, unless by special order of the court, enter or record any judgment based on a note or other written evidence of indebtedness until such note or writing is first filed with the clerk for cancellation.
Rule 1.961.Notes surrendered
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.961 requires a party who wins judgment on a note or other written evidence of debt to first file that note with the clerk for cancellation before the judgment can be entered.
Full Text of Rule 1.961
Plain-English Summary
Rule 1.961 protects against collecting on the same debt twice. The clerk is not to enter or record a judgment based on a note or other written evidence of indebtedness until that note or writing has first been filed with the clerk for cancellation, unless the court issues a special order allowing otherwise.
Filing the note for cancellation takes it out of further circulation, so it cannot later be sold, negotiated, or enforced separately against the same debtor. The rule's exception — a special court order — covers situations such as a lost note, where the underlying document cannot be surrendered at all.
Frequently Asked Questions
Why does the clerk need my original promissory note before entering judgment on it?
So the note can be filed for cancellation and taken out of circulation, preventing it from being enforced or negotiated again after judgment.
What if I have lost the note and cannot file it?
Rule 1.961 allows the clerk to proceed anyway if the court issues a special order permitting entry without the note being surrendered.
Does this rule apply to any written evidence of debt, or only formal promissory notes?
It applies to a note or any other written evidence of indebtedness.
What happens to the note once I file it with the clerk?
It is filed for cancellation, removing it from further circulation.
Can I get around the filing requirement by asking the court?
Yes — the rule allows entry of judgment without the note being filed “by special order of the court.”
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
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