Senate File 2162 - Introduced SENATE FILE 2162 BY McCOY (COMPANION TO HF 2002 BY SCHUELLER) A BILL FOR An Act relating to jurisdictional changes to small claims court 1 cases. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5151SS (2) 83 rh/rj

S.F. 2162 Section 1. Section 631.1, subsection 1, unnumbered 1 paragraph 2, Code 2009, is amended to read as follows: 2 A civil action for a money judgment where the amount in 3 controversy is four thousand dollars or less for actions 4 commenced before July 1, 2002, and five thousand dollars 5 or less for actions commenced on or after before July 1, 6 2002 2010 , and ten thousand dollars or less for actions 7 commenced on or after July 1, 2010, exclusive of interest and 8 costs. 9 Sec. 2. Section 631.1, subsections 3, 4, 5, and 7, Code 10 2009, are amended to read as follows: 11 3. The district court sitting in small claims has concurrent 12 jurisdiction of an action of replevin if the value of the 13 property claimed is four thousand dollars or less for actions 14 commenced before July 1, 2002, and five thousand dollars 15 or less for actions commenced on or after before July 1, 16 2002 2010, and ten thousand dollars or less for actions 17 commenced on or after July 1, 2010 . When commenced under this 18 chapter, the action is a small claim for the purposes of this 19 chapter. 20 4. The district court sitting in small claims has concurrent 21 jurisdiction of motions and orders relating to executions 22 against personal property, including garnishments, where the 23 value of the property or garnisheed money involved is four 24 thousand dollars or less for actions commenced before July 1, 25 2002, and five thousand dollars or less for actions commenced 26 on or after before July 1, 2002 2010, and ten thousand dollars 27 or less for actions commenced on or after July 1, 2010 . 28 5. The district court sitting in small claims has concurrent 29 jurisdiction of an action for abandonment of a manufactured or 30 mobile home or personal property pursuant to section 555B.3, 31 if no money judgment is sought in excess of four thousand 32 dollars is sought for actions commenced before July 1, 2002, 33 and five thousand dollars or less for actions commenced on 34 or after before July 1, 2002 2010, and ten thousand dollars 35 -1- LSB 5151SS (2) 83 rh/rj 1/ 2

S.F. 2162 or less for actions commenced on or after July 1, 2010 . If 1 commenced under this chapter, the action is a small claim for 2 the purposes of this chapter. 3 7. The district court sitting in small claims has concurrent 4 jurisdiction of an action for the collection of taxes brought 5 by a county treasurer pursuant to sections 445.3 and 445.4 6 where the amount in controversy is five thousand dollars 7 or less for actions commenced on or after before July 1, 8 2003 2010 , and ten thousand dollars or less for actions 9 commenced on or after July 1, 2010, exclusive of interest and 10 costs. 11 Sec. 3. JURISDICTIONAL AMOUNT REVERSION. The 12 jurisdictional amount in the sections of this Act which amend 13 section 631.1, shall revert to five thousand dollars if a court 14 of competent jurisdiction declares the ten thousand dollar 15 amount unconstitutional. 16 EXPLANATION 17 This bill makes jurisdictional changes to small claims 18 court cases. The bill provides that a small claims court case 19 commenced on or after July 1, 2010, shall not involve damages 20 or value in excess of $10,000. Under existing law, a small 21 claims court case shall not involve damages or value in excess 22 of $5,000. The bill further provides that the jurisdictional 23 amount shall revert to $5,000 if a court finds the $10,000 24 amount unconstitutional. By increasing the jurisdictional 25 amount for small claims court the bill expands the jurisdiction 26 of a magistrate or district associate judge to hear and 27 assess judgment on certain actions, including county and city 28 violations. 29 -2- LSB 5151SS (2) 83 rh/rj 2/ 2