Senate File 2018
SENATE FILE
BY McCOY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the jurisdictional limit in small claims
2 court.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5481XS 80
5 rh/sh/8
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 is four thousand dollars or less for actions
1 6 commenced before July 1, 2002, and five thousand dollars or
1 7 less for actions commenced on or after before July 1, 2002
1 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 is four thousand dollars or less for
1 15 actions commenced before July 1, 2002, and five thousand
1 16 dollars or less for actions commenced on or after before July
1 17 1, 2002 2004, 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 is four thousand dollars or less for actions commenced before
1 26 July 1, 2002, and five thousand dollars or less for actions
1 27 commenced on or after before July 1, 2002 2004, 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 of four
1 34 thousand dollars is sought for actions commenced before July
1 35 1, 2002, and five thousand dollars or less is sought for
2 1 actions commenced on or after before July 1, 2002 2004, 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