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Indiana Code Title 33. Courts and Court Officers § 33-37-5-15

Current as of January 02, 2024 | Updated by Findlaw Staff

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) only one (1) time per case for the entire duration of any postjudgment services provided.

(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.

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Cite this article: FindLaw.com - Indiana Code Title 33. Courts and Court Officers § 33-37-5-15 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-33-courts-and-court-officers/in-code-sect-33-37-5-15/

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