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U.S. BANK v. BARBOUR

No. 08-0485.

770 N.W.2d 350 (2009)

U.S. BANK, Appellant, v. Alisa R. BARBOUR, Appellee.

Supreme Court of Iowa.

August 7, 2009.

Attorney(s) appearing for the Case

Piper Lori Hughes of Litow Law Office, P.C., Cedar Rapids, for appellant.

Rodney W. Kleitsch of Iowa Legal Aid, Cedar Rapids, for appellee.

WIGGINS, Justice.

A bank filed a petition to recover a debt alleging a credit card holder defaulted on her credit card account. In the course of the proceedings, the debtor filed a preanswer motion to recast, which the court granted. The bank did not recast its petition. As a sanction for its failure to recast, the court dismissed the petition. Because the district court erred when it entered its order requiring the bank to recast the petition, we reverse the decision...

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