Text: HF02025 Text: HF02027 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 631.1, Code Supplement 1999, is amended 1 2 to read as follows: 1 3 631.1 SMALL CLAIMS. 1 4 1. The following actions or claims are small claims and 1 5 shall be commenced, heard, and determined as provided in this 1 6 chapter: 1 7 A civil action for a money judgment where the amount in 1 8 controversy isthree thousand dollars or less for actions1 9commenced on or after July 1, 1994, and before July 1, 1995,1 10and foureight thousand dollars or less for actions commenced 1 11 on or after July 1,19952000, exclusive of interest and 1 12 costs. 1 13 2. The district court sitting in small claims shall have 1 14 concurrent jurisdiction of an action for forcible entry and 1 15 detainer which is based on those grounds set forth in section 1 16 648.1, subsections 1, 2, 3 and 5. When commenced under this 1 17 chapter, the actionshall beis a small claim for the purposes 1 18 of this chapter. 1 19 3. The district court sitting in small claims has 1 20 concurrent jurisdiction of an action of replevin if the value 1 21 of the property claimed isthree thousand dollars or less for1 22actions commenced on or after July 1, 1994, and before July 1,1 231995, and foureight thousand dollars or less for actions 1 24 commenced on or after July 1,19952000. When commenced under 1 25 this chapter, the action is a small claim for the purposes of 1 26 this chapter. 1 27 4. The district court sitting in small claims has 1 28 concurrent jurisdiction of motions and orders relating to 1 29 executions against personal property, including garnishments, 1 30 where the value of the property or garnisheed money involved 1 31 isthree thousand dollars or less for actions commenced on or1 32after July 1, 1994, and before July 1, 1995, and foureight 1 33 thousand dollars or less for actions commenced on or after 1 34 July 1,19952000. 1 35 5. The district court sitting in small claims has 2 1 concurrent jurisdiction of an action for abandonment of a 2 2 mobile home or personal property pursuant to section 555B.3, 2 3 if no money judgment in excess offoureight thousand dollars 2 4 is sought for actions commenced on or after July 1,19952000. 2 5 If commenced under this chapter, the action is a small claim 2 6 for the purposes of this chapter. 2 7 6. The district court sitting in small claims has 2 8 concurrent jurisdiction of an action to challenge a mechanic's 2 9 lien pursuant to sections 572.24 and 572.32. 2 10 Sec. 2. JURISDICTIONAL AMOUNT REVERSION. The 2 11 jurisdictional amount in (section 1 of this Act, which amends) 2 12 section 631.1, shall revert to four thousand dollars if a 2 13 court of competent jurisdiction declares the eight thousand 2 14 dollar amount unconstitutional. 2 15 EXPLANATION 2 16 This bill increases the jurisdictional amount for actions 2 17 or claims eligible to be heard and determined in small claims 2 18 court to actions involving $8,000 or less for claims filed on 2 19 or after July 1, 2000. The current jurisdictional amount for 2 20 small claims is $4,000 or less. The bill provides that the 2 21 jurisdictional amount shall revert to $4,000 if a court finds 2 22 the $8,000 limit unconstitutional. By increasing the 2 23 jurisdictional amount for small claims court, the bill expands 2 24 the jurisdiction of a magistrate or district associate judge 2 25 to hear and assess judgement on certain actions including 2 26 county and city violations. 2 27 LSB 5086YH 78 2 28 ec/as/5
Text: HF02025 Text: HF02027 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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