Text: SF02017 Text: SF02019 Text: SF02000 - SF02099 Text: SF 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 2003, is amended to read as 1 3 follows: 1 4 A civil action for a money judgment where the amount in 1 5 controversy isfour thousand dollars or less for actions1 6commenced before July 1, 2002, andfive thousand dollars or 1 7 less for actions commencedon or afterbefore July 1,20021 8 2004, and ten thousand dollars or less for actions commenced 1 9 on or after July 1, 2004, exclusive of interest and costs. 1 10 Sec. 2. Section 631.1, subsections 3, 4, and 5, Code 1 11 Supplement 2003, are amended to read as follows: 1 12 3. The district court sitting in small claims has 1 13 concurrent jurisdiction of an action of replevin if the value 1 14 of the property claimed isfour thousand dollars or less for1 15actions commenced before July 1, 2002, andfive thousand 1 16 dollars or less for actions commencedon or afterbefore July 1 17 1,20022004, and ten thousand dollars or less for actions 1 18 commenced on or after July 1, 2004. When commenced under this 1 19 chapter, the action is a small claim for the purposes of this 1 20 chapter. 1 21 4. The district court sitting in small claims has 1 22 concurrent jurisdiction of motions and orders relating to 1 23 executions against personal property, including garnishments, 1 24 where the value of the property or garnisheed money involved 1 25 isfour thousand dollars or less for actions commenced before1 26July 1, 2002, andfive thousand dollars or less for actions 1 27 commencedon or afterbefore July 1,20022004, and ten 1 28 thousand dollars or less for actions commenced on or after 1 29 July 1, 2004. 1 30 5. The district court sitting in small claims has 1 31 concurrent jurisdiction of an action for abandonment of a 1 32 manufactured or mobile home or personal property pursuant to 1 33 section 555B.3, if no money judgment in excess offour1 34thousand dollars is sought for actions commenced before July1 351, 2002, andfive thousand dollars or less is sought for 2 1 actions commencedon or afterbefore July 1,20022004, and 2 2 ten thousand dollars or less for actions commenced on or after 2 3 July 1, 2004. If commenced under this chapter, the action is 2 4 a small claim for the purposes of this chapter. 2 5 Sec. 3. JURISDICTIONAL AMOUNT REVERSION. The 2 6 jurisdictional amount in sections 1 and 2 of this Act, which 2 7 amends section 631.1, shall revert to five thousand dollars if 2 8 a court of competent jurisdiction declares the ten thousand 2 9 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, 2004, shall not involve damages 2 14 or value in excess of $10,000. Current law provides that a 2 15 small claims court case shall not involve damages or value in 2 16 excess of $5,000. The bill further provides that the 2 17 jurisdictional amount shall revert to $5,000 if a court finds 2 18 the $10,000 limit unconstitutional. By increasing the 2 19 jurisdictional amount for small claims court, the bill expands 2 20 the jurisdiction of a magistrate or district associate judge 2 21 to hear and assess judgment on certain actions, including 2 22 county and city violations. 2 23 LSB 5481XS 80 2 24 rh/sh/8
Text: SF02017 Text: SF02019 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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