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.
Structure Indiana Code
Title 33. Courts and Court Officers
Chapter 5. Collection of Additional Fees
33-37-5-0.1. Application of Certain Amendments to Chapter
33-37-5-1. Preparing Transcript or Copy of Record; Fee
33-37-5-2. Clerk's Record Perpetuation Fund
33-37-5-3. Document Fee; Certificate Under Seal
33-37-5-4. Document Fee; Transcript of Judgment to Become Real Estate Lien
33-37-5-5. Forwarding Document Fees
33-37-5-6. Support and Maintenance Payments; Fees
33-37-5-7. Marijuana Eradication Program Fee
33-37-5-8. Alcohol and Drug Services Program Fee; Law Enforcement Continuing Education Program Fee
33-37-5-9. Drug Abuse, Prosecution, Interdiction, and Correction Fee
33-37-5-10. Countermeasures Fee; Collection
33-37-5-11. Alcohol Abuse Deterrent Fee; Medical Fee; Collection
33-37-5-12. Child Abuse Prevention Fee
33-37-5-13. Domestic Violence Prevention and Treatment Fee
33-37-5-14. Highway Work Zone Fee; Application
33-37-5-15. Service of Process Fee
33-37-5-16. Judgments; Collection, Transfer, and Deposit of Funds
33-37-5-17. Deferred Prosecution Fees
33-37-5-19. Criminal Conviction; Jury Fees
33-37-5-20. Document Storage Fee
33-37-5-21. Automated Record Keeping Fee
33-37-5-21.2. Public Defense Administration Fee
33-37-5-23. Sexual Assault Victims Assistance Fee
33-37-5-24. Problem Solving Court Fee
33-37-5-25. Judicial Insurance Adjustment Fee
33-37-5-26. Judicial Salaries Fee
33-37-5-26.2. DNA Sample Processing Fee
33-37-5-27. Court Administration Fee