The Senate Judiciary Committee heard SB 327 authored by Sen. Freeman on Marion County small claims court fees. The bill:
- Requires a clerk to collect a small claims service fee of $26 in each action filed in a Marion County small claims court.
- Establishes the small claims fund (fund) and specifies that the small claims service fees shall be deposited into the fund.
- Requires the auditor of Marion County to transfer semiannually the small claims service fees in the fund to each township within which a small claims court is located.
- Provides that the fees are to be distributed equally among the townships and the fees must fund the operation of the small claims court located within the township.
The Committee amended the bill to:
- Eliminate the concurrent jurisdiction of small claims cases between the circuit and superior courts and the Marion County small claims court and specifies that only the Marion County small claims court may have jurisdiction over the cases described in IC 33-34.
- Require a Marion County small claims matter to be venued, commenced, and decided in a certain township or a contiguous township.
- Require the court to distribute the following fees to the county auditor for distribution to the small claims fund: (1) document storage fees; (2) 25% of the judicial salaries fees; (3) township docket and late fees; (4) small claims service fees; and (5) 40% of the court administration fees.
- Repeal provisions concerning low caseload courts.
Hon. Cheryl Rivera, Perry Township Small Claims Court, testified in opposition. Hon. Kimberly Bacon, Lawrence Township Small Claims Court, testified in support of the bill. The amended bill passed 10-2 and was recommitted to the Tax and Fiscal Policy Committee.
Read the bill at https://iga.in.gov/legislative/2025/bills/senate/327