Senate
File
2162
-
Introduced
SENATE
FILE
2162
BY
McCOY
(COMPANION
TO
HF
2002
BY
SCHUELLER)
A
BILL
FOR
An
Act
relating
to
jurisdictional
changes
to
small
claims
court
1
cases.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5151SS
(2)
83
rh/rj
S.F.
2162
Section
1.
Section
631.1,
subsection
1,
unnumbered
1
paragraph
2,
Code
2009,
is
amended
to
read
as
follows:
2
A
civil
action
for
a
money
judgment
where
the
amount
in
3
controversy
is
four
thousand
dollars
or
less
for
actions
4
commenced
before
July
1,
2002,
and
five
thousand
dollars
5
or
less
for
actions
commenced
on
or
after
before
July
1,
6
2002
2010
,
and
ten
thousand
dollars
or
less
for
actions
7
commenced
on
or
after
July
1,
2010,
exclusive
of
interest
and
8
costs.
9
Sec.
2.
Section
631.1,
subsections
3,
4,
5,
and
7,
Code
10
2009,
are
amended
to
read
as
follows:
11
3.
The
district
court
sitting
in
small
claims
has
concurrent
12
jurisdiction
of
an
action
of
replevin
if
the
value
of
the
13
property
claimed
is
four
thousand
dollars
or
less
for
actions
14
commenced
before
July
1,
2002,
and
five
thousand
dollars
15
or
less
for
actions
commenced
on
or
after
before
July
1,
16
2002
2010,
and
ten
thousand
dollars
or
less
for
actions
17
commenced
on
or
after
July
1,
2010
.
When
commenced
under
this
18
chapter,
the
action
is
a
small
claim
for
the
purposes
of
this
19
chapter.
20
4.
The
district
court
sitting
in
small
claims
has
concurrent
21
jurisdiction
of
motions
and
orders
relating
to
executions
22
against
personal
property,
including
garnishments,
where
the
23
value
of
the
property
or
garnisheed
money
involved
is
four
24
thousand
dollars
or
less
for
actions
commenced
before
July
1,
25
2002,
and
five
thousand
dollars
or
less
for
actions
commenced
26
on
or
after
before
July
1,
2002
2010,
and
ten
thousand
dollars
27
or
less
for
actions
commenced
on
or
after
July
1,
2010
.
28
5.
The
district
court
sitting
in
small
claims
has
concurrent
29
jurisdiction
of
an
action
for
abandonment
of
a
manufactured
or
30
mobile
home
or
personal
property
pursuant
to
section
555B.3,
31
if
no
money
judgment
is
sought
in
excess
of
four
thousand
32
dollars
is
sought
for
actions
commenced
before
July
1,
2002,
33
and
five
thousand
dollars
or
less
for
actions
commenced
on
34
or
after
before
July
1,
2002
2010,
and
ten
thousand
dollars
35
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S.F.
2162
or
less
for
actions
commenced
on
or
after
July
1,
2010
.
If
1
commenced
under
this
chapter,
the
action
is
a
small
claim
for
2
the
purposes
of
this
chapter.
3
7.
The
district
court
sitting
in
small
claims
has
concurrent
4
jurisdiction
of
an
action
for
the
collection
of
taxes
brought
5
by
a
county
treasurer
pursuant
to
sections
445.3
and
445.4
6
where
the
amount
in
controversy
is
five
thousand
dollars
7
or
less
for
actions
commenced
on
or
after
before
July
1,
8
2003
2010
,
and
ten
thousand
dollars
or
less
for
actions
9
commenced
on
or
after
July
1,
2010,
exclusive
of
interest
and
10
costs.
11
Sec.
3.
JURISDICTIONAL
AMOUNT
REVERSION.
The
12
jurisdictional
amount
in
the
sections
of
this
Act
which
amend
13
section
631.1,
shall
revert
to
five
thousand
dollars
if
a
court
14
of
competent
jurisdiction
declares
the
ten
thousand
dollar
15
amount
unconstitutional.
16
EXPLANATION
17
This
bill
makes
jurisdictional
changes
to
small
claims
18
court
cases.
The
bill
provides
that
a
small
claims
court
case
19
commenced
on
or
after
July
1,
2010,
shall
not
involve
damages
20
or
value
in
excess
of
$10,000.
Under
existing
law,
a
small
21
claims
court
case
shall
not
involve
damages
or
value
in
excess
22
of
$5,000.
The
bill
further
provides
that
the
jurisdictional
23
amount
shall
revert
to
$5,000
if
a
court
finds
the
$10,000
24
amount
unconstitutional.
By
increasing
the
jurisdictional
25
amount
for
small
claims
court
the
bill
expands
the
jurisdiction
26
of
a
magistrate
or
district
associate
judge
to
hear
and
27
assess
judgment
on
certain
actions,
including
county
and
city
28
violations.
29
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