Iowa General Assembly Banner

 
Text: HF02015                           Text: HF02017
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2016

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 364.22, subsection 5, paragraph a, Code
  1  2 1995, is amended to read as follows:
  1  3    a.  The matter shall be tried before a magistrate, a
  1  4 district associate judge, or a district judge in district
  1  5 court if the total amount of civil penalties does not exceed
  1  6 two thousand dollars in the same manner as a small claim.  The
  1  7 matter shall only be tried before a judge in district court if
  1  8 the total amount of civil penalties assessed exceeds two
  1  9 thousand dollars the jurisdictional amount for small claims
  1 10 set forth in section 631.1.
  1 11    Sec. 2.  Section 631.1, Code Supplement 1995, is amended to
  1 12 read as follows:
  1 13    631.1  SMALL CLAIMS.
  1 14    1.  The following actions or claims are A small claims and
  1 15 shall be commenced, heard and determined as provided in this
  1 16 chapter:
  1 17    A claim is any civil action for a money judgment where the
  1 18 amount in controversy is three thousand dollars or less for
  1 19 actions commenced on or after July 1, 1994, and before July 1,
  1 20 1995, and four thousand dollars or less for actions commenced
  1 21 on or after July 1, 1995, exclusive of interest and costs.
  1 22 However, the limitation on this jurisdictional amount shall be
  1 23 adjusted annually on January 1 by the state court
  1 24 administrator, according to the most recent yearly average of
  1 25 the consumer price index for all urban consumers, published by
  1 26 the United States department of labor, bureau of labor
  1 27 statistics, as of the close of the twelve-month period ending
  1 28 on August 31 of each year.
  1 29    2.  The district court sitting in small claims shall have
  1 30 concurrent jurisdiction of an action for forcible entry and
  1 31 detainer which is based on those grounds set forth in section
  1 32 648.1, subsections 1, 2, 3 and 5.  When commenced under this
  1 33 chapter, the action shall be a small claim for the purposes of
  1 34 this chapter.
  1 35    3.  The district court sitting in small claims has
  2  1 concurrent jurisdiction of an action of replevin if the value
  2  2 of the property claimed is three thousand dollars or less for
  2  3 actions commenced on or after July 1, 1994, and before July 1,
  2  4 1995, and four thousand dollars or less for actions commenced
  2  5 on or after July 1, 1995 equal to or less than the
  2  6 jurisdictional amount for small claims specified in subsection
  2  7 1.  When commenced under this chapter, the action is a small
  2  8 claim for the purposes of this chapter.
  2  9    4.  The district court sitting in small claims has
  2 10 concurrent jurisdiction of motions and orders relating to
  2 11 executions against personal property, including garnishments,
  2 12 where the value of the property or garnisheed money involved
  2 13 is three thousand dollars or less for actions commenced on or
  2 14 after July 1, 1994, and before July 1, 1995, and four thousand
  2 15 dollars or less for actions commenced on or after July 1, 1995
  2 16 equal to or less than the jurisdictional amount for small
  2 17 claims specified in subsection 1.
  2 18    5.  The district court sitting in small claims has
  2 19 concurrent jurisdiction of an action for abandonment of a
  2 20 mobile home or personal property pursuant to section 555B.3,
  2 21 if no money judgment in excess of four thousand dollars the
  2 22 jurisdictional amount for small claims specified in subsection
  2 23 1 is sought for actions commenced on or after July 1, 1995.
  2 24 If commenced under this chapter, the action is a small claim
  2 25 for the purposes of this chapter.  
  2 26                           EXPLANATION
  2 27    Section 2 of this bill provides for automatic annual in-
  2 28 creases in the jurisdictional amount for small claims actions
  2 29 at the rate of inflation, as calculated according to the
  2 30 consumer price index (CPI).
  2 31    Other subsections of section 631.1, as well as the juris-
  2 32 dictional statement for violations of municipal ordinance set
  2 33 forth in section 1 of the bill, have been amended to reflect
  2 34 the changes made to the jurisdictional amount for small
  2 35 claims.  
  3  1 LSB 3182HH 76
  3  2 jls/jw/5
     
Text: HF02015                           Text: HF02017
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
Return To Home Iowa General Assembly

index Search: House Bills and Amendments (76th General Assembly)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? webmaster@legis.state.ia.us.

Last update: Mon Mar 4 09:34:06 CST 1996
URL: http://www2.legis.state.ia.us/GA/76GA/Legislation/HF/02000/HF02016/960108.html
jhf