Ind. Code § 33-37-5-15

Current through P.L. 171-2024
Section 33-37-5-15 - [Effective Until 1/1/2025] Service of process fee
(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.

IC 33-37-5-15

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

Amended by P.L. 106-2022,SEC. 7, eff. 7/1/2022.
Amended by P.L. 161-2018,SEC. 89, eff. 7/1/2018.
Amended by P.L. 255-2017,SEC. 33, eff. 7/1/2017.
Amended by P.L. 165-2015, SEC. 1, eff. 7/1/2015.
As added by P.L. 98-2004, SEC.16. Amended by P.L. 174-2006, SEC.12; P.L. 156-2007, SEC.3.
This section is set out more than once due to postponed, multiple, or conflicting amendments.