HF 2254 (LSB 5901HH (2) 86)

HOUSE FILE 2254

BY  ANDERSON

A BILL FOR

An Act relating to nonlawyers providing assistance to landlords or tenants with the electronic filing of small claims forms.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  562A.35A  Electronic filing of small claims forms —— nonlawyer assistance.
   1.  A person who is not an attorney licensed to practice in this state may assist a landlord or a tenant who seeks to enforce a remedy provided by this chapter as a small claim under chapter 631 by doing any of the following:
   a.  Typing information provided by the landlord or tenant into an electronic file, including a fillable portable document format file, on a form prescribed by the supreme court under section 631.15.
   b.  Electronically filing a form prescribed by the supreme court under section 631.15 with the judicial branch.
   2.  A person who is not an attorney licensed to practice in this state shall not advise a landlord or tenant as to any of the following:
   a.  Which form should be filed.
   b.  The information to be included on the form.
   c.  The legal effect of a form.
   d.  The time period in which the landlord or tenant has to file a form.
   3.  A person’s actions that comply with this section shall not be deemed to be the unauthorized practice of law.
    Sec. 2.  NEW SECTION.  562B.33  Electronic filing of small claims forms —— nonlawyer assistance.
   1.  A person who is not an attorney licensed to practice in this state may assist a landlord or a tenant who seeks to enforce a remedy provided by this chapter as a small claim under chapter 631 by doing any of the following:
   a.  Typing information provided by the landlord or tenant into an electronic file, including a fillable portable document format file, on a form prescribed by the supreme court under section 631.15.
   b.  Electronically filing a form prescribed by the supreme court under section 631.15 with the judicial branch.
   2.  A person who is not an attorney licensed to practice in this state shall not advise a landlord or tenant as to any of the following:
   a.  Which form should be filed.
   b.  The information to be included on the form.
   c.  The legal effect of a form.
   d.  The time period in which the landlord or tenant has to file a form.
   3.  A person’s actions that comply with this section shall not be deemed to be the unauthorized practice of law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to nonlawyers providing assistance to landlords or tenants with the electronic filing of small claims forms.
   Under current law, an action may be brought as a small claim if the plaintiff seeks $5,000 or less. Pursuant to Code section 631.15, the Iowa supreme court prescribes standard forms for use in small claims actions. Current law requires that the forms promulgated by the Iowa supreme court be used in small claims actions. The small claims forms are to be filled in electronically and must be filed electronically through the judicial branch’s electronic data management system unless a person obtains from the court an exemption from the electronic filing requirements.
   The bill provides that a person who is not a licensed attorney in the state of Iowa may assist a landlord or tenant who seeks to enforce a remedy under the uniform residential landlord and tenant Act (Code chapter 562A) or the manufactured home communities or mobile home parks residential landlord and tenant Act (Code chapter 562B) with an electronic form. A nonlawyer may type in information a landlord or tenant provides into an electronic form and may electronically file the form with the judicial branch.
   The bill provides that a person who is not a licensed attorney in the state of Iowa cannot advise a landlord or tenant as to which form should be filed, the information to be included on the form, the legal effect of a form, or the time period in which the landlord or tenant has to file a form.
   The bill provides that a person’s actions that comply with the provisions of the bill shall not be deemed to be the unauthorized practice of law.