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House File 518

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 518
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO JURISDICTIONAL CHANGES TO SMALL CLAIMS COURT
  1  5    CASES.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 631.1, subsection 1, unnumbered
  1 10 paragraph 2, Code Supplement 2001, is amended to read as
  1 11 follows:
  1 12    A civil action for a money judgment where the amount in
  1 13 controversy is three thousand dollars or less for actions
  1 14 commenced on or after July 1, 1994, and before July 1, 1995,
  1 15 and four thousand dollars or less for actions commenced on or
  1 16 after before July 1, 1995 2002, and five thousand dollars or
  1 17 less for actions commenced on or after July 1, 2002, exclusive
  1 18 of interest and costs.
  1 19    Sec. 2.  Section 631.1, subsections 3, 4, and 5, Code
  1 20 Supplement 2001, are amended to read as follows:
  1 21    3.  The district court sitting in small claims has
  1 22 concurrent jurisdiction of an action of replevin if the value
  1 23 of the property claimed is three thousand dollars or less for
  1 24 actions commenced on or after July 1, 1994, and before July 1,
  1 25 1995, and four thousand dollars or less for actions commenced
  1 26 on or after before July 1, 1995 2002, and five thousand
  1 27 dollars or less for actions commenced on or after July 1,
  1 28 2002.  When commenced under this chapter, the action is a
  1 29 small claim for the purposes of this chapter.
  1 30    4.  The district court sitting in small claims has
  1 31 concurrent jurisdiction of motions and orders relating to
  1 32 executions against personal property, including garnishments,
  1 33 where the value of the property or garnisheed money involved
  1 34 is three thousand dollars or less for actions commenced on or
  1 35 after July 1, 1994, and before July 1, 1995, and four thousand
  2  1 dollars or less for actions commenced on or after before July
  2  2 1, 1995 2002, and five thousand dollars or less for actions
  2  3 commenced on or after July 1, 2002.
  2  4    5.  The district court sitting in small claims has
  2  5 concurrent jurisdiction of an action for abandonment of a
  2  6 manufactured or mobile home or personal property pursuant to
  2  7 section 555B.3, if no money judgment in excess of four
  2  8 thousand dollars is sought for actions commenced on or after
  2  9 before July 1, 1995 2002, and five thousand dollars or less
  2 10 for actions commenced on or after July 1, 2002.  If commenced
  2 11 under this chapter, the action is a small claim for the
  2 12 purposes of this chapter.
  2 13    Sec. 3.  JURISDICTIONAL AMOUNT REVERSION.  The
  2 14 jurisdictional amount in sections 1 and 2 of this Act, which
  2 15 amends section 631.1, shall revert to four thousand dollars if
  2 16 a court of competent jurisdiction declares the five thousand
  2 17 dollar amount unconstitutional.  
  2 18 
  2 19 
  2 20                                                             
  2 21                               BRENT SIEGRIST
  2 22                               Speaker of the House
  2 23 
  2 24 
  2 25                                                             
  2 26                               MARY E. KRAMER
  2 27                               President of the Senate
  2 28 
  2 29    I hereby certify that this bill originated in the House and
  2 30 is known as House File 518, Seventy-ninth General Assembly.
  2 31 
  2 32 
  2 33                                                             
  2 34                               MARGARET THOMSON
  2 35                               Chief Clerk of the House
  3  1 Approved                , 2002
  3  2 
  3  3 
  3  4                            
  3  5 THOMAS J. VILSACK
  3  6 Governor
     

Text: HF00517                           Text: HF00519
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