Senate File 184 - Introduced SENATE FILE 184 BY ZAUN 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 2096XS (3) 86 jh/rj

S.F. 184 Section 1. Section 631.1, subsections 1, 3, 4, 5, 7, and 8, 1 Code 2015, are amended to read as follows: 2 1. The following actions or claims are small claims and 3 shall be commenced, heard and determined as provided in this 4 chapter : 5 a. A civil action for a money judgment where the amount in 6 controversy is four five thousand dollars or less for actions 7 commenced before July 1, 2002 2015 , exclusive of interest and 8 costs. 9 b. A civil action for a money judgment where the amount in 10 controversy is five ten thousand dollars or less for actions 11 commenced on or after July 1, 2002 2015 , exclusive of interest 12 and costs. 13 3. The district court sitting in small claims has concurrent 14 jurisdiction of an action of replevin if the value of the 15 property claimed is four five thousand dollars or less for 16 actions commenced before July 1, 2002 2015 , and five ten 17 thousand dollars or less for actions commenced on or after July 18 1, 2002 2015 . When commenced under this chapter , the action is 19 a small claim for the purposes of this 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 five 24 thousand dollars or less for actions commenced before July 1, 25 2002 2015 , and five ten thousand dollars or less for actions 26 commenced on or after July 1, 2002 2015 . 27 5. The district court sitting in small claims has concurrent 28 jurisdiction of an action for abandonment of a manufactured or 29 mobile home or personal property pursuant to section 555B.3 , if 30 no money judgment in excess of four five thousand dollars is 31 sought for actions commenced before July 1, 2002 2015 , and five 32 ten thousand dollars or less for actions commenced on or after 33 July 1, 2002 2015 . If commenced under this chapter , the action 34 is a small claim for the purposes of this chapter . 35 -1- LSB 2096XS (3) 86 jh/rj 1/ 2

S.F. 184 7. The district court sitting in small claims has concurrent 1 jurisdiction of an action for the collection of taxes brought 2 by a county treasurer pursuant to sections 445.3 and 445.4 3 where the amount in controversy is five thousand dollars or 4 less for actions commenced on or after before July 1, 2003 5 2015 , and ten thousand dollars or less for actions commenced on 6 or after July 1, 2015, exclusive of interest and costs. 7 8. The district court sitting in small claims has concurrent 8 jurisdiction of motions and orders relating to releases of 9 judgments in whole or in part including motions and orders 10 under section 624.23, subsection 2 , paragraph “c” and section 11 624.37 , where the amount owing on the judgment, including 12 interests and costs, is five thousand dollars or less for 13 actions commenced before July 1, 2015, and ten thousand dollars 14 or less for actions commenced on or after July 1, 2015 . 15 Sec. 2. JURISDICTIONAL AMOUNT REVERSION. The 16 jurisdictional amount in the section of this Act that amends 17 section 631.1 shall revert to five thousand dollars if a court 18 of competent jurisdiction declares the ten thousand dollar 19 amount unconstitutional. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill makes jurisdictional changes to small claims 24 court cases. The bill provides that a small claims court case 25 commenced on or after July 1, 2015, shall not involve damages 26 or value in excess of $10,000. Under existing law, a small 27 claims court case shall not involve damages or value in excess 28 of $5,000. The bill further provides that the jurisdictional 29 amount shall revert to $5,000 if a court finds the $10,000 30 amount unconstitutional. By increasing the jurisdictional 31 amount for small claims court the bill expands the jurisdiction 32 of a magistrate or district associate judge to hear and 33 assess judgment on certain actions, including county and city 34 violations. 35 -2- LSB 2096XS (3) 86 jh/rj 2/ 2