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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 2005, and eight thousand dollars or less for actions commenced 1 9 on or after July 1, 2005, exclusive of interests and costs. 1 10 Sec. 2. Section 631.1, subsections 3, 4, 5, and 7, 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 1,20022005, and eight thousand dollars or less for actions 1 18 commenced on or after July 1, 2005. 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 1,20022005, and eight 1 28 thousand dollars or less for actions commenced on or after 1 29 July 1, 2005. 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 1,20022005, and 2 2 eight thousand dollars or less for actions commenced on or 2 3 after July 1, 2005. If commenced under this chapter, the 2 4 action is a small claim for the purposes of this chapter. 2 5 7. The district court sitting in small claims has 2 6 concurrent jurisdiction of an action for the collection of 2 7 taxes brought by a county treasurer pursuant to sections 445.3 2 8 and 445.4 where the amount in controversy is five thousand 2 9 dollars or less for actions commenced on or after July 1, 2 10 2003, but before July 1, 2005, and eight thousand dollars or 2 11 less for actions commenced on or after July 1, 2005, exclusive 2 12 of interest and costs. 2 13 Sec. 3. Section 631.6, subsection 1, paragraph a, Code 2 14 Supplement 2003, is amended to read as follows: 2 15 a. Fees for filing and docketing shall befiftyas 2 16 follows: 2 17 (1) Fifty dollars, for cases where the amount in 2 18 controversy is five thousand dollars or less. 2 19 (2) One hundred dollars, for cases where the amount in 2 20 controversy is more than five thousand dollars but not more 2 21 than eight thousand dollars. 2 22 Sec. 4. Section 631.13, subsection 4, Code 2003, is 2 23 amended to read as follows: 2 24 4. PROCEDURE ON APPEAL. 2 25 a. (1)TheIn cases where the amount in controversy is 2 26 five thousand dollars or less, the appeal shall be promptly 2 27 heard upon the record thus filed without further evidence. 2 28 (2) In cases where the amount in controversy is more than 2 29 five thousand dollars, the appeal shall be promptly heard de 2 30 novo. 2 31 b. If the original action was tried by a district judge, 2 32 the appeal shall be decided by a different district judge. If 2 33 the original action was tried by a district associate judge, 2 34 the appeal shall be decided by a district judge. If the 2 35 original action was tried by a judicial magistrate, the appeal 3 1 shall be decided by a district judge or a district associate 3 2 judge. The judge shall decide the appeal without regard to 3 3 technicalities or defects which have not prejudiced the 3 4 substantial rights of the parties, and may affirm, reverse, or 3 5 modify the judgment, or render judgment as the judge or 3 6 magistrate should have rendered. 3 7 c. If a record is submitted pursuant to paragraph "a", and 3 8 if the record, in the opinion of the deciding judge, is 3 9 inadequate for the purpose of rendering a judgment on appeal, 3 10 the judge may order that additional evidence be presented 3 11 relative to one or more issues, and may enter any other order 3 12 which is necessary to protect the rights of the parties. The 3 13 judge shall take minutes of any additional evidence, but the 3 14 hearing shall not be reported by a certified court reporter. 3 15b.d. Upon entry of judgment the clerk may cause any 3 16 recording tape or other device contained in the record to be 3 17 erased for subsequent use. 3 18 Sec. 5. JURISDICTIONAL AMOUNT REVERSION. The 3 19 jurisdictional amount in sections 1 and 2 of this Act, which 3 20 amend section 631.1, shall revert to five thousand dollars if 3 21 a court of competent jurisdiction declares the eight thousand 3 22 dollar amount unconstitutional. 3 23 Sec. 6. SUPREME COURT REPORT. The supreme court, after 3 24 consultation with the Iowa state bar association, the Iowa 3 25 judges association, and the magistrates association, shall 3 26 file a report with the general assembly on or before January 3 27 1, 2005, regarding the impact of jurisdictional changes in 3 28 small claims court and the need for procedural safeguards. 3 29 The report shall also contain a recommendation for an 3 30 expedited process for processing civil litigation claims. 3 31 Sec. 7. EFFECTIVE DATES. This Act takes effect July 1, 3 32 2005, except that the section of this Act requiring the 3 33 supreme court to file a report with the general assembly takes 3 34 effect July 1, 2004. 3 35 EXPLANATION 4 1 This bill makes jurisdictional changes to small claims 4 2 court cases. The bill provides that a small claims court case 4 3 commenced before July 1, 2005, shall not involve damages or 4 4 value in excess of $5,000 and a small claims court case 4 5 commenced on or after July 1, 2005, shall not involve damages 4 6 or value in excess of $8,000. Current law provides that a 4 7 small claims court case shall not involve damages or value in 4 8 excess of $5,000. The bill further provides that the 4 9 jurisdictional amount shall revert to $5,000 if a court finds 4 10 the $8,000 limit unconstitutional. By increasing the 4 11 jurisdictional amount for small claims court, the bill expands 4 12 the jurisdiction of a magistrate or district associate judge 4 13 to hear and assess judgment on certain actions, including 4 14 county and city violations. 4 15 The bill provides that the filing fee shall be $50 for 4 16 cases where the amount in controversy is $5,000 or less, and 4 17 $100 for cases where the amount in controversy is more than 4 18 $5,000 but not more than $8,000. 4 19 The bill provides that in cases where the amount in 4 20 controversy is $5,000 or less, the appeal shall be heard on 4 21 the record previously made in the original action, and in 4 22 cases where the amount in controversy is more than $5,000, the 4 23 appeal shall be heard de novo. 4 24 The bill provides that the supreme court shall file a 4 25 report with the general assembly on or before July 1, 2005, 4 26 regarding the impact of jurisdictional changes in small claims 4 27 court, the need for procedural safeguards and shall include a 4 28 recommendation for an expedited process for processing civil 4 29 litigation claims. 4 30 The bill takes effect July 1, 2005, except for the section 4 31 of the bill relating to the supreme court report that takes 4 32 effect July 1, 2004. 4 33 LSB 5481SV 80 4 34 rh/sh/8
Text: SF02105 Text: SF02107 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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