Indiana § 33-37-5-15 - Service of process fee

§ 33-37-5-15. Service of process fee

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.

[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; P.L.118-2024, SEC.33.