Senate
File
2357
-
Introduced
SENATE
FILE
2357
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
42)
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
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2357
Section
1.
Section
631.1,
subsections
1,
3,
4,
5,
7,
and
8,
1
Code
2018,
are
amended
to
read
as
follows:
2
1.
The
following
actions
or
claims
are
small
claims
and
3
shall
be
commenced,
heard
and
determined
as
provided
in
this
4
chapter
:
5
a.
A
civil
action
for
a
money
judgment
where
the
amount
in
6
controversy
is
four
five
thousand
dollars
or
less
for
actions
7
commenced
before
July
1,
2002
2018
,
exclusive
of
interest
and
8
costs.
9
b.
A
civil
action
for
a
money
judgment
where
the
amount
in
10
controversy
is
five
seven
thousand
five
hundred
dollars
or
less
11
for
actions
commenced
on
or
after
July
1,
2002
2018
,
exclusive
12
of
interest
and
costs.
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
five
thousand
dollars
or
less
for
16
actions
commenced
before
July
1,
2002
2018
,
and
five
seven
17
thousand
five
hundred
dollars
or
less
for
actions
commenced
on
18
or
after
July
1,
2002
2018
.
When
commenced
under
this
chapter
,
19
the
action
is
a
small
claim
for
the
purposes
of
this
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
five
24
thousand
dollars
or
less
for
actions
commenced
before
July
1,
25
2002
2018
,
and
five
seven
thousand
five
hundred
dollars
or
less
26
for
actions
commenced
on
or
after
July
1,
2002
2018
.
27
5.
The
district
court
sitting
in
small
claims
has
concurrent
28
jurisdiction
of
an
action
for
abandonment
of
a
manufactured
or
29
mobile
home
or
personal
property
pursuant
to
section
555B.3
,
30
if
no
money
judgment
in
excess
of
four
five
thousand
dollars
31
is
sought
for
actions
commenced
before
July
1,
2002
2018
,
and
32
five
seven
thousand
five
hundred
dollars
or
less
for
actions
33
commenced
on
or
after
July
1,
2002
2018
.
If
commenced
under
34
this
chapter
,
the
action
is
a
small
claim
for
the
purposes
of
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this
chapter
.
1
7.
The
district
court
sitting
in
small
claims
has
concurrent
2
jurisdiction
of
an
action
for
the
collection
of
taxes
brought
3
by
a
county
treasurer
pursuant
to
sections
445.3
and
445.4
4
where
the
amount
in
controversy
is
five
thousand
dollars
or
5
less
for
actions
commenced
on
or
after
before
July
1,
2003
6
2018,
and
seven
thousand
five
hundred
dollars
or
less
for
7
actions
commenced
on
or
after
July
1,
2018,
exclusive
of
8
interest
and
costs.
9
8.
The
district
court
sitting
in
small
claims
has
concurrent
10
jurisdiction
of
motions
and
orders
relating
to
releases
of
11
judgments
in
whole
or
in
part
including
motions
and
orders
12
under
section
624.23,
subsection
2
,
paragraph
“c”
and
section
13
624.37
,
where
the
amount
owing
on
the
judgment,
including
14
interests
and
costs,
is
five
thousand
dollars
or
less
for
15
actions
commenced
before
July
1,
2018,
and
seven
thousand
five
16
hundred
dollars
or
less
for
actions
commenced
on
or
after
July
17
1,
2018
.
18
Sec.
2.
JURISDICTIONAL
AMOUNT
REVERSION.
The
19
jurisdictional
amount
in
the
section
of
this
Act
that
amends
20
section
631.1
shall
revert
to
five
thousand
dollars
if
a
court
21
of
competent
jurisdiction
declares
the
seven
thousand
five
22
hundred
dollar
amount
unconstitutional.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
makes
jurisdictional
changes
to
small
claims
27
court
cases.
The
bill
provides
that
a
small
claims
court
case
28
commenced
on
or
after
July
1,
2018,
shall
not
involve
damages
29
or
value
in
excess
of
$7,500.
Under
existing
law,
a
small
30
claims
court
case
shall
not
involve
damages
or
value
in
excess
31
of
$5,000.
The
bill
further
provides
that
the
jurisdictional
32
amount
shall
revert
to
$5,000
if
a
court
finds
the
$7,500
33
amount
unconstitutional.
By
increasing
the
jurisdictional
34
amount
for
small
claims
court
the
bill
expands
the
jurisdiction
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of
a
magistrate
or
district
associate
judge
to
hear
and
1
assess
judgment
on
certain
actions,
including
county
and
city
2
violations.
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