Note: This version of section effective until 1-1-2025. See also following version of this section, effective 1-1-2025.

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Terms Used In Indiana Code 33-37-5-15

  • clerk: refers to any of the following:

    Indiana Code 33-37-1-2

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
     Sec. 15. (a) This section also applies to a clerk of a township small claims court described in IC 33-34 for service of process fees collected under IC 33-34-8-1.

     (b) The clerk of the county that maintains jurisdiction over the case shall collect a service of process fee of twenty-eight dollars ($28) from a party requesting service of a writ, an order, a process, a notice, a tax warrant, or any other paper completed by the sheriff. A service of process fee collected under this subsection may be collected only one (1) time per case for the duration of the case. However, a clerk of the county that maintains jurisdiction over the case shall collect an additional service of process fee of twenty-eight dollars ($28) per case for any postjudgment service.

     (c) The clerk shall collect from the person who filed the civil action a service of process fee of sixty dollars ($60), in addition to any other fee for service of process, if:

(1) a person files a civil action outside Indiana; and

(2) a sheriff in Indiana is requested to perform a service of process associated with the civil action in Indiana.

     (d) A clerk shall transfer fees collected under this section to the county auditor.

     (e) The county auditor shall deposit fees collected under this section as follows:

(1) One dollar ($1) from each service of process fee described in subsection (b) into the clerk’s record perpetuation fund established by the clerk under section 2 of this chapter.

(2) Twenty-seven dollars ($27) from each service of process fee described in subsection (b) into either:

(A) the pension trust established by the county under IC 36-8-10-12; or

(B) if the county has not established a pension trust under IC 36-8-10-12, the county general fund.

[Pre-2004 Recodification Citation: 33-19-6-15.]

As added by P.L.98-2004, SEC.16. Amended by P.L.174-2006, SEC.12; P.L.156-2007, SEC.3; P.L.165-2015, SEC.1; P.L.255-2017, SEC.33; P.L.161-2018, SEC.89; P.L.106-2022, SEC.7.

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