Bill Text: IA HF2254 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to nonlawyers providing assistance to landlords or tenants with the electronic filing of small claims forms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-15 - Introduced, referred to Judiciary. H.J. 219. [HF2254 Detail]
Download: Iowa-2015-HF2254-Introduced.html
House File 2254 - Introduced HOUSE FILE BY ANDERSON A BILL FOR 1 An Act relating to nonlawyers providing assistance to landlords 2 or tenants with the electronic filing of small claims forms. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5901HH (2) 86 jh/sc PAG LIN 1 1 Section 1. NEW SECTION. 562A.35A Electronic filing of small 1 2 claims forms == nonlawyer assistance. 1 3 1. A person who is not an attorney licensed to practice 1 4 in this state may assist a landlord or a tenant who seeks to 1 5 enforce a remedy provided by this chapter as a small claim 1 6 under chapter 631 by doing any of the following: 1 7 a. Typing information provided by the landlord or tenant 1 8 into an electronic file, including a fillable portable document 1 9 format file, on a form prescribed by the supreme court under 1 10 section 631.15. 1 11 b. Electronically filing a form prescribed by the supreme 1 12 court under section 631.15 with the judicial branch. 1 13 2. A person who is not an attorney licensed to practice in 1 14 this state shall not advise a landlord or tenant as to any of 1 15 the following: 1 16 a. Which form should be filed. 1 17 b. The information to be included on the form. 1 18 c. The legal effect of a form. 1 19 d. The time period in which the landlord or tenant has to 1 20 file a form. 1 21 3. A person's actions that comply with this section shall 1 22 not be deemed to be the unauthorized practice of law. 1 23 Sec. 2. NEW SECTION. 562B.33 Electronic filing of small 1 24 claims forms == nonlawyer assistance. 1 25 1. A person who is not an attorney licensed to practice 1 26 in this state may assist a landlord or a tenant who seeks to 1 27 enforce a remedy provided by this chapter as a small claim 1 28 under chapter 631 by doing any of the following: 1 29 a. Typing information provided by the landlord or tenant 1 30 into an electronic file, including a fillable portable document 1 31 format file, on a form prescribed by the supreme court under 1 32 section 631.15. 1 33 b. Electronically filing a form prescribed by the supreme 1 34 court under section 631.15 with the judicial branch. 1 35 2. A person who is not an attorney licensed to practice in 2 1 this state shall not advise a landlord or tenant as to any of 2 2 the following: 2 3 a. Which form should be filed. 2 4 b. The information to be included on the form. 2 5 c. The legal effect of a form. 2 6 d. The time period in which the landlord or tenant has to 2 7 file a form. 2 8 3. A person's actions that comply with this section shall 2 9 not be deemed to be the unauthorized practice of law. 2 10 EXPLANATION 2 11 The inclusion of this explanation does not constitute agreement with 2 12 the explanation's substance by the members of the general assembly. 2 13 This bill relates to nonlawyers providing assistance to 2 14 landlords or tenants with the electronic filing of small claims 2 15 forms. 2 16 Under current law, an action may be brought as a small 2 17 claim if the plaintiff seeks $5,000 or less. Pursuant to Code 2 18 section 631.15, the Iowa supreme court prescribes standard 2 19 forms for use in small claims actions. Current law requires 2 20 that the forms promulgated by the Iowa supreme court be used in 2 21 small claims actions. The small claims forms are to be filled 2 22 in electronically and must be filed electronically through the 2 23 judicial branch's electronic data management system unless a 2 24 person obtains from the court an exemption from the electronic 2 25 filing requirements. 2 26 The bill provides that a person who is not a licensed 2 27 attorney in the state of Iowa may assist a landlord or tenant 2 28 who seeks to enforce a remedy under the uniform residential 2 29 landlord and tenant Act (Code chapter 562A) or the manufactured 2 30 home communities or mobile home parks residential landlord and 2 31 tenant Act (Code chapter 562B) with an electronic form. A 2 32 nonlawyer may type in information a landlord or tenant provides 2 33 into an electronic form and may electronically file the form 2 34 with the judicial branch. 2 35 The bill provides that a person who is not a licensed 3 1 attorney in the state of Iowa cannot advise a landlord or 3 2 tenant as to which form should be filed, the information to be 3 3 included on the form, the legal effect of a form, or the time 3 4 period in which the landlord or tenant has to file a form. 3 5 The bill provides that a person's actions that comply with 3 6 the provisions of the bill shall not be deemed to be the 3 7 unauthorized practice of law. LSB 5901HH (2) 86 jh/sc
