631.1 Small claims — jurisdiction.
1. The following actions or claims are small claims and shall be commenced, heard and determined as provided in this chapter: a. A civil action for a money judgment where the amount in controversy is five thousand dollars or less for actions commenced
before July 1, 2018, exclusive of interest and costs.
b. A civil action for a money judgment where the amount in controversy is six thousand five hundred dollars or less for actions
commenced on or after July 1, 2018, exclusive of interest and costs.
3. The district court sitting in small claims has concurrent jurisdiction of an action of replevin if the value of the property
claimed is five thousand dollars or less for actions commenced before July 1, 2018, and six thousand five hundred dollars
or less for actions commenced on or after July 1, 2018. When commenced under this chapter, the action is a small claim for the purposes of this chapter.
4. The district court sitting in small claims has concurrent jurisdiction of motions and orders relating to executions against
personal property, including garnishments, where the value of the property or garnisheed money involved is five thousand dollars
or less for actions commenced before July 1, 2018, and six thousand five hundred dollars or less for actions commenced on
or after July 1, 2018.
5. The district court sitting in small claims has concurrent jurisdiction of an action for abandonment of a manufactured or mobile
home or personal property pursuant to section 555B.3, if no money judgment in excess of five thousand dollars is sought for actions commenced before July 1, 2018, and six thousand
five hundred dollars or less for actions commenced on or after July 1, 2018. If commenced under this chapter, the action is a small claim for the purposes of this chapter.
6. The district court sitting in small claims has concurrent jurisdiction of an action to challenge a mechanic’s lien pursuant
to sections 572.24 and 572.32.
7. The district court sitting in small claims has concurrent jurisdiction of an action for the collection of taxes brought by
a county treasurer pursuant to sections 445.3 and 445.4 where the amount in controversy is five thousand dollars or less for actions commenced before July 1, 2018, and six thousand
five hundred dollars or less for actions commenced on or after July 1, 2018, exclusive of interest and costs.
8. The district court sitting in small claims has concurrent jurisdiction of motions and orders relating to releases of judgments
in whole or in part including motions and orders under section 624.23, subsection 2, paragraph “c” and section 624.37, where the amount owing on the judgment, including interests and costs, is five thousand dollars or less for actions commenced
before July 1, 2018, and six thousand five hundred dollars or less for actions commenced on or after July 1, 2018.
9. The district court sitting in small claims has concurrent jurisdiction of an action to determine ownership of goods under
section 714.28 relating to claims against purchased or pledged goods held by pawnbrokers, regardless of the value of the items in dispute.
10. The district court sitting in small claims has concurrent jurisdiction for administrative warrant applications pursuant to
section 657A.1A, subsection 2.
[C73, 75, 77, 79, 81, §631.1]
83 Acts, ch 63, §1, 5; 86 Acts, ch 1077, §1; 90 Acts, ch 1038, §1; 93 Acts, ch 154, §18; 94 Acts, ch 1117, §1; 95 Acts, ch 49, §23; 99 Acts, ch 79, §5; 2001 Acts, ch 153, §15; 2001 Acts, ch 176, §80; 2002 Acts, ch 1087, §1, 2; 2003 Acts, ch 178, §20; 2011 Acts, ch 6, §3; 2013 Acts, ch 90, §175; 2014 Acts, ch 1070, §1; 2018 Acts, ch 1168, §23; 2019 Acts, ch 105, §1
631.3 Commencement of actions — clerk to furnish forms — subpoena.
1. All actions shall be commenced by the filing of an original notice with the clerk. At the time of filing, the clerk shall
enter on the original notice and the copies to be served, the file number and the date the action is filed.
2. The clerk shall furnish standard forms as provided in section 631.15, as such pleadings may be required. The clerk may furnish information to any party to enable the party to complete a form.
3. The clerk shall cause to be entered upon each copy of the original notice and in the docket the time within which the defendant
is required to appear, which time shall be determined in accordance with section 631.4.
[C73, §631.3, 631.5; C75, 77, 79, 81, §631.3]
631.10 Failure to appear — effect.
Unless good cause to the contrary is shown, if the parties fail to appear at the time of hearing the claim shall be dismissed
without prejudice by the court; if the plaintiff fails to appear but the defendant appears, the claim shall be dismissed with
prejudice by the court with costs assessed to the plaintiff; and if the plaintiff appears but the defendant fails to appear,
judgment may be rendered against the defendant by the court. The filing by the plaintiff of a verified account, or an instrument
in writing for the payment of money with an affidavit the same is genuine, shall constitute an appearance by plaintiff for
the purpose of
this section.
[C73, 75, 77, 79, 81, §631.10]
631.12 Entry of judgment — setting aside default judgment.
1. The clerk shall immediately enter the judgment in the small claims docket and district court lien book, without recording.
Relief shall be granted as is appropriate. Upon entering judgment, the court may provide for installment payments to be made
directly by the party obligated to the party entitled thereto. If installment payments are ordered, execution shall not issue
as long as the payments are made, but execution shall issue for the full unpaid balance of the judgment upon the filing of
an affidavit of default. When entered on the small claims docket and district court lien book, a small claims judgment shall
constitute a lien to the same extent as regular judgments entered on the district court judgment docket and lien book. However,
if a small claims judgment requires installment payments, the judgment shall not be enforceable until an affidavit of default
is filed.
[C73, 75, 77, 79, 81, §631.12]
631.14 Representation in small claims actions.
1. Actions constituting small claims may be brought or defended by an individual, partnership, association, corporation, or other
entity. In actions in which a person other than an individual is a party, that person may be represented by an officer or
an employee.
2. a. In actions concerning residential rental property that is titled in the name of one or more individuals, an employee of one
or more of the titled owners, or an officer or employee of a property management entity acting on behalf of one or more of
the titled owners, may bring or defend an action in the name of the titled owners, the property management entity, or the
name by which the property is commonly known. b. Notwithstanding any other provision to the contrary, if the defendant or plaintiff has been improperly named in the petition
in an action concerning residential rental property, the real party in interest shall be substituted at the time the error
is identified and the action shall not be dismissed or delayed except to the extent necessary to identify and serve the real
parties in interest.
3. A person who in the regular course of business takes assignments of instruments or accounts pursuant to chapter 539, which assignments constitute small claims, may bring an action on an assigned instrument or account in the person’s own
name and need not be represented by an attorney, provided that in an action brought to recover payment on a dishonored check
or draft, as defined in section 554.3104, the action is brought in the county of residence of the maker of the check or draft or in the county where the draft or
check was first presented. Any person, however, may be represented in a small claims action by an attorney.
631.16 Discretionary review.
1. A civil action originally tried as a small claim shall not be appealed to the supreme court except by discretionary review
as provided herein.
2. “Discretionary review” is the process by which the supreme court may exercise its discretion, in like manner as under the rules pertaining to interlocutory
appeals and certiorari in civil cases, to review specified matters not subject to appeal as a matter of right. The supreme
court may adopt additional rules to control access to discretionary review.
3. The party seeking review shall be known as the appellant and the adverse party as the appellee, but the title of the action
shall not be changed from that in the court below.
4. The record and case shall be presented to the appellate court as provided by the rules of appellate procedure; and the provisions
of law in civil procedure relating to the filing of decisions and opinions of the appellate court shall apply in such cases.
5. The appellate court, after an examination of the entire record, may dispose of the case by affirmation, reversal or modification
of the lower court judgment, and may order a new trial.
6. The decision of the appellate court with any opinion filed or judgment rendered must be recorded by the supreme court clerk.
Procedendo shall be issued as provided in the rules of appellate procedure.
7. The jurisdiction of the appellate court shall cease when procedendo is issued. All proceedings for executing the judgment
shall be had in the trial court or by its clerk.
[C73, §602.71; C75, 77, 79, 81, §631.16]