SF 184 (LSB 2096XS (3) 86)

SENATE FILE 184

BY  ZAUN

A BILL FOR

An Act relating to jurisdictional changes to small claims court cases.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 631.1, subsections 1, 3, 4, 5, 7, and 8, Code 2015, are amended to read as follows:
   1.  The following actions or claims are small claims and shall be commenced, heard and determined as provided in this chapter:
   a.  A civil action for a money judgment where the amount in controversy is four five thousand dollars or less for actions commenced before July 1, 2002 2015, exclusive of interest and costs.
   b.  A civil action for a money judgment where the amount in controversy is five ten thousand dollars or less for actions commenced on or after July 1, 2002 2015, exclusive of interest and costs.
   3.  The district court sitting in small claims has concurrent jurisdiction of an action of replevin if the value of the property claimed is four five thousand dollars or less for actions commenced before July 1, 2002 2015, and five ten thousand dollars or less for actions commenced on or after July 1, 2002 2015. When commenced under this chapter, the action is a small claim for the purposes of this chapter.
   4.  The district court sitting in small claims has concurrent jurisdiction of motions and orders relating to executions against personal property, including garnishments, where the value of the property or garnisheed money involved is four five thousand dollars or less for actions commenced before July 1, 2002 2015, and five ten thousand dollars or less for actions commenced on or after July 1, 2002 2015.
   5.  The district court sitting in small claims has concurrent jurisdiction of an action for abandonment of a manufactured or mobile home or personal property pursuant to section 555B.3, if no money judgment in excess of four five thousand dollars is sought for actions commenced before July 1, 2002 2015, and five ten thousand dollars or less for actions commenced on or after July 1, 2002 2015. If commenced under this chapter, the action is a small claim for the purposes of this chapter.
   7.  The district court sitting in small claims has concurrent jurisdiction of an action for the collection of taxes brought by a county treasurer pursuant to sections 445.3 and 445.4 where the amount in controversy is five thousand dollars or less for actions commenced on or after before July 1, 2003 2015, and ten thousand dollars or less for actions commenced on or after July 1, 2015, exclusive of interest and costs.
   8.  The district court sitting in small claims has concurrent jurisdiction of motions and orders relating to releases of judgments in whole or in part including motions and orders under section 624.23, subsection 2, paragraph “c” and section 624.37, where the amount owing on the judgment, including interests and costs, is five thousand dollars or less for actions commenced before July 1, 2015, and ten thousand dollars or less for actions commenced on or after July 1, 2015.
    Sec. 2.  JURISDICTIONAL AMOUNT REVERSION.  The jurisdictional amount in the section of this Act that amends section 631.1 shall revert to five thousand dollars if a court of competent jurisdiction declares the ten thousand dollar amount unconstitutional.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill makes jurisdictional changes to small claims court cases. The bill provides that a small claims court case commenced on or after July 1, 2015, shall not involve damages or value in excess of $10,000. Under existing law, a small claims court case shall not involve damages or value in excess of $5,000. The bill further provides that the jurisdictional amount shall revert to $5,000 if a court finds the $10,000 amount unconstitutional. By increasing the jurisdictional amount for small claims court the bill expands the jurisdiction of a magistrate or district associate judge to hear and assess judgment on certain actions, including county and city violations.