Senate File 2357 - Introduced SENATE FILE 2357 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 42) 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 1567SV (2) 87 ec/jh/rj

S.F. 2357 Section 1. Section 631.1, subsections 1, 3, 4, 5, 7, and 8, 1 Code 2018, 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 2018 , exclusive of interest and 8 costs. 9 b. A civil action for a money judgment where the amount in 10 controversy is five seven thousand five hundred dollars or less 11 for actions commenced on or after July 1, 2002 2018 , exclusive 12 of interest 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 2018 , and five seven 17 thousand five hundred dollars or less for actions commenced on 18 or after July 1, 2002 2018 . When commenced under this chapter , 19 the action is 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 2018 , and five seven thousand five hundred dollars or less 26 for actions commenced on or after July 1, 2002 2018 . 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 , 30 if no money judgment in excess of four five thousand dollars 31 is sought for actions commenced before July 1, 2002 2018 , and 32 five seven thousand five hundred dollars or less for actions 33 commenced on or after July 1, 2002 2018 . If commenced under 34 this chapter , the action is a small claim for the purposes of 35 -1- LSB 1567SV (2) 87 ec/jh/rj 1/ 3

S.F. 2357 this chapter . 1 7. The district court sitting in small claims has concurrent 2 jurisdiction of an action for the collection of taxes brought 3 by a county treasurer pursuant to sections 445.3 and 445.4 4 where the amount in controversy is five thousand dollars or 5 less for actions commenced on or after before July 1, 2003 6 2018, and seven thousand five hundred dollars or less for 7 actions commenced on or after July 1, 2018, exclusive of 8 interest and costs. 9 8. The district court sitting in small claims has concurrent 10 jurisdiction of motions and orders relating to releases of 11 judgments in whole or in part including motions and orders 12 under section 624.23, subsection 2 , paragraph “c” and section 13 624.37 , where the amount owing on the judgment, including 14 interests and costs, is five thousand dollars or less for 15 actions commenced before July 1, 2018, and seven thousand five 16 hundred dollars or less for actions commenced on or after July 17 1, 2018 . 18 Sec. 2. JURISDICTIONAL AMOUNT REVERSION. The 19 jurisdictional amount in the section of this Act that amends 20 section 631.1 shall revert to five thousand dollars if a court 21 of competent jurisdiction declares the seven thousand five 22 hundred dollar amount unconstitutional. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill makes jurisdictional changes to small claims 27 court cases. The bill provides that a small claims court case 28 commenced on or after July 1, 2018, shall not involve damages 29 or value in excess of $7,500. Under existing law, a small 30 claims court case shall not involve damages or value in excess 31 of $5,000. The bill further provides that the jurisdictional 32 amount shall revert to $5,000 if a court finds the $7,500 33 amount unconstitutional. By increasing the jurisdictional 34 amount for small claims court the bill expands the jurisdiction 35 -2- LSB 1567SV (2) 87 ec/jh/rj 2/ 3

S.F. 2357 of a magistrate or district associate judge to hear and 1 assess judgment on certain actions, including county and city 2 violations. 3 -3- LSB 1567SV (2) 87 ec/jh/rj 3/ 3