§ 729.7.Assertion of Claim Or Defense Using a Foreign Money
Chapter 12: Judgment · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 729.7
Amendment History
Added by Laws 1994, SB 634, c. 165, § 7, eff. 1/1/1995.
Plain-English Summary
A claimant can plead a foreign-money claim in a named currency; if none is specified, the claim is treated as being made in United States dollars by default. The opposing party isn't stuck with that choice — it can allege and prove that all or part of the claim is in a different currency.
A party can also raise a defense, set-off, recoupment, or counterclaim in whatever currency fits that claim, regardless of what currency the opposing claim uses. And deciding which currency is the "proper money of the claim" is a legal question for the court, not a factual one for the jury.
Frequently Asked Questions
What currency applies if I don't specify one when filing a foreign-money claim?
The claim is treated as being made in United States dollars.
Can the other side argue my claim is in a different currency than I filed it in?
Yes. An opposing party may allege and prove that the claim, in whole or in part, is in a different money than the one asserted.
Do my counterclaim and the original claim have to use the same currency?
No. A defense, set-off, recoupment, or counterclaim can use whatever currency is appropriate for it, regardless of the money used for the other claims.
Who decides which currency is the correct one for a claim — judge or jury?
The court. The proper money of the claim is a question of law.