Text: HSB00599 Text: HSB00601 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 631.1, subsection 1, unnumbered 1 2 paragraph 2, Code Supplement 1999, is amended to read as 1 3 follows: 1 4 A civil action for a money judgment where the amount in 1 5 controversy isthree thousand dollars or less for actions1 6commenced on or after July 1, 1994, and before July 1, 1995,1 7andfour thousand dollars or less for actions commencedon or1 8afterbefore July 1,19952000, and seven thousand five 1 9 hundred dollars or less for actions commenced on or after July 1 10 1, 2000, exclusive of interest and costs. 1 11 Sec. 2. Section 631.1, subsections 3, 4, and 5, Code 1 12 Supplement 1999, are amended to read as follows: 1 13 3. The district court sitting in small claims has 1 14 concurrent jurisdiction of an action of replevin if the value 1 15 of the property claimed isthree thousand dollars or less for1 16actions commenced on or after July 1, 1994, and before July 1,1 171995, andfour thousand dollars or less for actions commenced 1 18on or afterbefore July 1,19952000, and seven thousand five 1 19 hundred dollars or less for actions commenced on or after July 1 20 1, 2000. When commenced under this chapter, the action is a 1 21 small claim for the purposes of this chapter. 1 22 4. The district court sitting in small claims has 1 23 concurrent jurisdiction of motions and orders relating to 1 24 executions against personal property, including garnishments, 1 25 where the value of the property or garnisheed money involved 1 26 isthree thousand dollars or less for actions commenced on or1 27after July 1, 1994, and before July 1, 1995, andfour thousand 1 28 dollars or less for actions commencedon or afterbefore July 1 29 1,19952000, and seven thousand five hundred dollars or less 1 30 for actions commenced on or after July 1, 2000. 1 31 5. The district court sitting in small claims has 1 32 concurrent jurisdiction of an action for abandonment of a 1 33 mobile home or personal property pursuant to section 555B.3, 1 34 if no money judgment in excess of four thousand dollars is 1 35 sought for actions commencedon or afterbefore July 1,19952 1 2000, and seven thousand five hundred dollars or less for 2 2 actions commenced on or after July 1, 2000. If commenced 2 3 under this chapter, the action is a small claim for the 2 4 purposes of this chapter. 2 5 Sec. 3. JURISDICTIONAL AMOUNT REVERSION. The 2 6 jurisdictional amount in section 1 of this Act, which amends 2 7 section 631.1, shall revert to four thousand dollars if a 2 8 court of competent jurisdiction declares the seven thousand 2 9 five hundred dollar amount unconstitutional. 2 10 EXPLANATION 2 11 This bill makes jurisdictional changes to small claims 2 12 court cases. The bill provides that a small claims court case 2 13 commenced on or after July 1, 2000, shall not involve damages 2 14 or value in excess of $7,500. Under existing law, a small 2 15 claims court case shall not involve damages or value in excess 2 16 of $4,000. The bill provides that the jurisdictional amount 2 17 shall revert to $4,000 if a court finds the $7,500 limit 2 18 unconstitutional. By increasing the jurisdictional amount for 2 19 small claims court the bill expands the jurisdiction of a 2 20 magistrate or district associate judge to hear and assess 2 21 judgment on certain actions, including county and city 2 22 violations. 2 23 LSB 5660DP 78 2 24 jm/cf/24
Text: HSB00599 Text: HSB00601 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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