HF 2002 (LSB 5151HH (4) 83)

HOUSE FILE 2002

BY  SCHUELLER

A BILL FOR

An Act relating to jurisdictional changes to small claims court cases.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 631.1, subsection 1, unnumbered paragraph 2, Code 2009, is amended to read as follows:
   A civil action for a money judgment where the amount in controversy is four thousand dollars or less for actions commenced before July 1, 2002, and five thousand dollars or less for actions commenced on or after before July 1, 2002 2010, and ten thousand dollars or less for actions commenced on or after July 1, 2010, exclusive of interest and costs.
    Sec. 2.  Section 631.1, subsections 3, 4, 5, and 7, Code 2009, are amended to read as follows:
   3.  The district court sitting in small claims has concurrent jurisdiction of an action of replevin if the value of the property claimed is four thousand dollars or less for actions commenced before July 1, 2002, and five thousand dollars or less for actions commenced on or after before July 1, 2002 2010, and ten thousand dollars or less for actions commenced on or after July 1, 2010. 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 four thousand dollars or less for actions commenced before July 1, 2002, and five thousand dollars or less for actions commenced on or after before July 1, 2002 2010, and ten thousand dollars or less for actions commenced on or after July 1, 2010.
   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 is sought in excess of four thousand dollars is sought for actions commenced before July 1, 2002, and five thousand dollars or less for actions commenced on or after before July 1, 2002 2010, and ten thousand dollars or less for actions commenced on or after July 1, 2010. If commenced under this chapter, the action is a small claim for the purposes of this chapter.
   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 on or after before July 1, 2003 2010, and ten thousand dollars or less for actions commenced on or after July 1, 2010, exclusive of interest and costs.
    Sec. 3.  JURISDICTIONAL AMOUNT REVERSION.  The jurisdictional amount in the sections of this Act which amend section 631.1, shall revert to five thousand dollars if a court of competent jurisdiction declares the ten thousand dollar amount unconstitutional. 
EXPLANATION
   This bill makes jurisdictional changes to small claims court cases. The bill provides that a small claims court case commenced on or after July 1, 2010, shall not involve damages or value in excess of $10,000. Under existing law, a small claims court case shall not involve damages or value in excess of $5,000. The bill further provides that the jurisdictional amount shall revert to $5,000 if a court finds the $10,000 amount unconstitutional. By increasing the jurisdictional amount for small claims court the bill expands the jurisdiction of a magistrate or district associate judge to hear and assess judgment on certain actions, including county and city violations.