Senate
File
197
-
Introduced
SENATE
FILE
197
BY
WILHELM
A
BILL
FOR
An
Act
relating
to
the
collection
of
a
small
claims
judgment
1
by
the
centralized
collection
unit
of
the
department
of
2
revenue,
and
providing
for
a
fee.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
421.17,
subsection
27,
paragraph
a,
Code
1
2013,
is
amended
to
read
as
follows:
2
a.
To
establish,
administer,
and
make
available
a
3
centralized
debt
collection
capability
and
procedure
for
4
the
use
by
a
creditor
in
small
claims
court
and
any
state
5
agency
or
local
government
entity
including
,
but
not
limited
6
to
,
the
department
of
revenue,
along
with
other
boards,
7
commissions,
departments,
and
any
other
entity
reported
in
8
the
Iowa
comprehensive
annual
financial
report,
to
collect
9
delinquent
accounts,
charges,
fees,
loans,
taxes,
or
other
10
indebtedness
owed
to
or
being
collected
by
the
state.
The
11
department’s
collection
facilities
shall
only
be
available
for
12
use
by
other
state
agencies
or
local
government
entities
for
13
their
discretionary
use
when
resources
are
available
to
the
14
director
and
subject
to
the
director’s
determination
that
use
15
of
the
procedure
is
feasible
,
except
the
facilities
shall
be
16
made
available
as
provided
in
section
631.18
.
The
director
17
shall
prescribe
the
appropriate
form
and
manner
in
which
this
18
information
is
to
be
submitted
to
the
office
of
the
department.
19
The
obligations
or
indebtedness
must
be
delinquent
and
not
20
subject
to
litigation,
claim,
appeal,
or
review
pursuant
to
the
21
appropriate
remedies
of
each
state
agency
or
local
government
22
entity.
23
Sec.
2.
NEW
SECTION
.
631.18
Collection
of
unpaid
judgment
24
by
department
of
revenue.
25
1.
Ninety
days
after
an
affidavit
of
default
has
been
26
filed,
the
judicial
branch
shall
assign
any
unpaid
balance
of
27
the
judgment
in
the
case
to
the
centralized
collection
unit
28
of
the
department
of
revenue
under
section
421.17,
subsection
29
17,
to
collect
on
the
judgment
on
behalf
of
the
party
owed
the
30
judgment.
31
2.
The
department
of
revenue
may
impose
a
fee
to
reflect
the
32
cost
of
collecting
on
the
judgment.
The
fee
shall
be
deducted
33
first
from
any
amounts
collected
by
the
centralized
collection
34
unit.
The
remaining
amounts
shall
be
remitted
to
the
clerk
of
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the
district
court
for
the
county
in
which
the
debt
is
owed
and
1
shall
be
applied
to
the
unpaid
balance
of
the
judgment.
2
3.
The
judicial
branch
and
the
director
of
revenue
shall
3
adopt
rules
to
implement
and
administer
this
section.
4
EXPLANATION
5
This
bill
relates
to
the
collection
of
a
small
claims
6
judgment
by
the
centralized
collection
unit
of
the
department
7
of
revenue,
and
provides
for
a
fee.
8
Under
the
bill,
90
days
after
an
affidavit
of
default
9
has
been
filed
on
a
judgment
in
the
small
claims
docket
and
10
district
court
lien
book,
the
judicial
branch
shall
assign
any
11
unpaid
balance
of
the
judgment
in
the
case
to
the
centralized
12
collection
unit
of
the
department
of
revenue
to
collect
on
the
13
judgment
on
behalf
of
the
party
owed
the
judgment.
14
The
centralized
collection
unit
of
the
department
of
revenue
15
is
required
to
use
the
unit
to
collect
small
claims
judgments
16
as
provided
in
the
bill.
17
The
bill
allows
the
department
of
revenue
to
impose
a
fee
to
18
reflect
the
cost
of
collection
which
shall
be
deducted
from
the
19
amounts
collected.
20
The
bill
also
requires
that
the
judicial
branch
and
the
21
director
of
revenue
adopt
rules
to
implement
and
administer
the
22
bill.
23
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