Ind. Code ch. 33-34-8

Ind. Code ch. 33-34-8
in effect

Ind. Code § 33-34-8-0.2 Application of certain amendments to prior law

Sec. 0.2. The amendments made to IC 33-11.6-4-15 (before its repeal, now codified at section 1 of this chapter) by P.L.141-2002 apply only to small claims actions initiated after June 30, 2002. As added by P.L.220-2011, SEC.536.

Ind. Code § 33-34-8-1 Fees and costs

Sec. 1. (a) The following fees and costs apply to cases in the small claims court: (1) A township docket fee of five dollars ($5) plus forty-five percent (45%) of the infraction or ordinance violation costs fee under IC 33-37-4-2. (2) The bailiff's service of process by registered or certified mail fee of fifteen dollars ($15) for each service. (3) The cost for the personal service of process by the bailiff or other process server of fifteen dollars ($15) for each service. (4) Witness fees, if any, in the amount provided by IC 33-37-10-3 to be taxed and charged in the circuit court. (5) A redocketing fee, if any, of five dollars ($5). (6) A document storage fee under IC 33-37-5-20. (7) An automated record keeping fee under IC 33-37-5-21. (8) A late fee, if any, under IC 33-37-5-22. (9) A public defense administration fee under IC 33-37-5-21.2. (10) A judicial insurance adjustment fee under IC 33-37-5-25. (11) A judicial salaries fee under IC 33-37-5-26. (12) A court administration fee under IC 33-37-5-27. (13) A pro bono legal services fee under IC 33-37-5-31. (14) A sheriff's service of process fee under IC 33-37-5-15 for each service of process performed outside Marion County. (15) A small claims service fee of twenty-six dollars ($26) under IC 33-37-5-35. The township docket fee and the cost for the initial service of process shall be paid at the institution of a case. The cost of service after the initial service shall be assessed and paid after service has been made. The cost of witness fees shall be paid before the witnesses are called. (b) If the amount of the township docket fee computed under subsection (a)(1) is not equal to a whole number, the amount shall be rounded to the next highest whole number. [Pre-2004 Recodification Citation: 33-11.6-4-15.] As added by P.L.98-2004, SEC.13. Amended by P.L.85-2004, SEC.15; P.L.95-2004, SEC.3; P.L.2-2005, SEC.99; P.L.176-2005, SEC.2; P.L.136-2012, SEC.12; P.L.39-2017, SEC.1; P.L.38-2021, SEC.75; P.L.106-2022, SEC.4; P.L.174-2022, SEC.59; P.L.178-2022(ts), SEC.18; P.L.106-2025, SEC.1; P.L.213-2025, SEC.301.

Ind. Code § 33-34-8-2 Transcripts

Sec. 2. The person who is designated by a judge to prepare transcripts may collect a fee of not more than five dollars ($5) for each transcript from a person who requests the preparation of a transcript. [Pre-2004 Recodification Citation: 33-15-25-2.] As added by P.L.98-2004, SEC.13.

Ind. Code § 33-34-8-3 Payment, distribution, and deposit of costs and fees

Sec. 3. (a) Payment for all costs made as a result of proceedings in a small claims court shall be to the _______ Township of Marion County Small Claims Court (with the name of the township inserted). The court shall issue a receipt for all money received on a form numbered serially in duplicate. (b) The court shall distribute collected fees according the following: (1) Distribute semiannually to the state comptroller: (A) all automated record keeping fees (IC 33-37-5-21) received by the court for deposit in the homeowner protection unit account established by IC 4-6-12-9 and the state user fee fund established under IC 33-37-9; (B) all public defense administration fees collected by the court under IC 33-37-5-21.2 for deposit in the state general fund; (C) sixty percent (60%) of all court administration fees collected by the court under IC 33-37-5-27 for deposit in the state general fund; (D) all judicial insurance adjustment fees collected by the court under IC 33-37-5-25 for deposit in the state general fund; (E) seventy-five percent (75%) of all judicial salaries fees collected by the court under IC 33-37-5-26 for deposit in the state general fund; and (F) one hundred percent (100%) of the pro bono legal services fees collected by the court under IC 33-37-5-31 for deposit in the pro bono legal services fund established by IC 33-37-5-34. (2) Distribute monthly to the county auditor all document storage fees received by the court. The county auditor shall deposit the document storage fees received under this subdivision into the clerk's record perpetuation fund under IC 33-37-5-2. (3) Distribute the following fees monthly to the county auditor for deposit in the small claims fund established under IC 33-37-5-36: (A) The remaining twenty-five percent (25%) of the judicial salaries fees described in subdivision (1)(E). (B) Township docket fees and late fees. (C) Small claims service fee received under IC 33-37-5-35. (D) The remaining forty percent (40%) of the court administration fees described under subdivision (1)(C). [Pre-2004 Recodification Citation: 33-11.6-9-1.] As added by P.L.98-2004, SEC.13. Amended by P.L.176-2005, SEC.3; P.L.174-2006, SEC.9; P.L.122-2008, SEC.2; P.L.182-2009(ss), SEC.391; P.L.136-2012, SEC.13; P.L.170-2015, SEC.15; P.L.39-2017, SEC.2; P.L.165-2021, SEC.191; P.L.174-2022, SEC.60; P.L.201-2023, SEC.258; P.L.9-2024, SEC.507; P.L.106-2025, SEC.2; P.L.213-2025, SEC.302.

Ind. Code § 33-34-8-4 Quarterly accounting

Sec. 4. Fees, costs, and any other amounts collected by the courts shall be accounted for quarterly to the clerk of the circuit court on: (1) March 31; (2) June 30; (3) September 30; and (4) December 31; of each year. [Pre-2004 Recodification Citation: 33-11.6-9-2.] As added by P.L.98-2004, SEC.13.

Ind. Code § 33-34-8-5 Low caseload courts; duties of circuit court judge

Sec. 5. (a) This section applies after December 31, 2015. (b) As used in this section, "low caseload court" means, for a calendar year, a court that, in the preceding calendar year: (1) had less than four thousand (4,000) new filings; and (2) was one (1) of the two (2) courts with the lowest number of new filings. (c) Before January 1 of each year, the circuit court judge shall determine whether a court is a low caseload court. (d) If the circuit court judge determines that one (1) or more courts is a low caseload court, the circuit court judge shall certify these courts as low caseload courts and notify the clerk of each township small claims court. Not more than two (2) courts may be certified as low caseload courts. As added by P.L.170-2015, SEC.16.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/33Fetched: 10/17/2026

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