Text: HF02025                           Text: HF02027
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2026

Partial Bill History

Bill Text

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 is three thousand dollars or less for actions
  1  9 commenced on or after July 1, 1994, and before July 1, 1995,
  1 10 and four eight thousand dollars or less for actions commenced
  1 11 on or after July 1, 1995 2000, 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 action shall be is 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 is three thousand dollars or less for
  1 22 actions commenced on or after July 1, 1994, and before July 1,
  1 23 1995, and four eight thousand dollars or less for actions
  1 24 commenced on or after July 1, 1995 2000.  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 is three thousand dollars or less for actions commenced on or
  1 32 after July 1, 1994, and before July 1, 1995, and four eight
  1 33 thousand dollars or less for actions commenced on or after
  1 34 July 1, 1995 2000.
  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 of four eight thousand dollars
  2  4 is sought for actions commenced on or after July 1, 1995 2000.
  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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