House File 248 - Introduced HOUSE FILE 248 BY GARRETT and WORTHAN 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 1568HH (3) 85 rh/rj

H.F. 248 Section 1. Section 631.1, subsection 1, Code 2013, is 1 amended to read as follows: 2 1. The following actions or claims described in this section 3 are small claims and shall be commenced, heard , and determined 4 as provided in this chapter : . 5 1A. A civil action for a money judgment where the amount 6 in controversy is four thousand dollars or less for actions 7 commenced before July 1, 2002, and five thousand dollars or 8 less for actions commenced on or after before July 1, 2002 9 2013 , and ten thousand dollars or less for actions commenced on 10 or after July 1, 2013, exclusive of interest and costs. 11 Sec. 2. Section 631.1, subsections 3, 4, 5, 7, and 8, Code 12 2013, are amended to read as follows: 13 3. The district court sitting in small claims has concurrent 14 jurisdiction of an action of replevin if the value of the 15 property claimed is four thousand dollars or less for actions 16 commenced before July 1, 2002, and five thousand dollars or 17 less for actions commenced on or after before July 1, 2002 18 2013, and ten thousand dollars or less for actions commenced on 19 or after July 1, 2013 . When commenced under this chapter , the 20 action is a small claim for the purposes of this chapter . 21 4. The district court sitting in small claims has concurrent 22 jurisdiction of motions and orders relating to executions 23 against personal property, including garnishments, where the 24 value of the property or garnisheed money involved is four 25 thousand dollars or less for actions commenced before July 1, 26 2002, and five thousand dollars or less for actions commenced 27 on or after before July 1, 2002 2013, and ten thousand dollars 28 or less for actions commenced on or after July 1, 2013 . 29 5. The district court sitting in small claims has concurrent 30 jurisdiction of an action for abandonment of a manufactured or 31 mobile home or personal property pursuant to section 555B.3 , if 32 no money judgment is sought in excess of four thousand dollars 33 is sought for actions commenced before July 1, 2002, and five 34 thousand dollars or less for actions commenced on or after 35 -1- LSB 1568HH (3) 85 rh/rj 1/ 3

H.F. 248 before July 1, 2002 2013, and ten thousand dollars for actions 1 commenced on or after July 1, 2013 . If commenced under this 2 chapter , the action is a small claim for the purposes of this 3 chapter . 4 7. The district court sitting in small claims has concurrent 5 jurisdiction of an action for the collection of taxes brought 6 by a county treasurer pursuant to sections 445.3 and 445.4 7 where the amount in controversy is five thousand dollars or 8 less for actions commenced on or after before July 1, 2003 9 2013 , and ten thousand dollars or less for actions commenced on 10 or after July 1, 2013, exclusive of interest and costs. 11 8. The district court sitting in small claims has concurrent 12 jurisdiction of motions and orders relating to releases of 13 judgments in whole or in part including motions and orders 14 under section 624.23, subsection 2 , paragraph “c” and section 15 624.37 , where the amount owing on the judgment, including 16 interests and costs, is five thousand dollars or less for 17 actions commenced before July 1, 2013, and ten thousand dollars 18 or less for actions commenced on or after July 1, 2013 . 19 Sec. 3. JURISDICTIONAL AMOUNT REVERSION. The 20 jurisdictional amount in the sections of this Act that amend 21 section 631.1, shall revert to five thousand dollars if a court 22 of competent jurisdiction declares the ten thousand dollar 23 amount unconstitutional. 24 EXPLANATION 25 This bill makes jurisdictional changes to small claims 26 court cases. The bill provides that a small claims court case 27 commenced on or after July 1, 2013, shall not involve damages 28 or value in excess of $10,000. Under existing law, a small 29 claims court case shall not involve damages or value in excess 30 of $5,000. The bill further provides that the jurisdictional 31 amount shall revert to $5,000 if a court finds the $10,000 32 amount unconstitutional. By increasing the jurisdictional 33 amount for small claims court the bill expands the jurisdiction 34 of a magistrate or district associate judge to hear and 35 -2- LSB 1568HH (3) 85 rh/rj 2/ 3

H.F. 248 assess judgment on certain actions, including county and city 1 violations. 2 -3- LSB 1568HH (3) 85 rh/rj 3/ 3