Senate File 2106
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SF 2018)
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, related fees, and providing effective dates.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5481SV 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 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 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 2005, 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 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 2005, 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 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 2005, 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 be fifty as
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) The In 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 15 b. 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