The Senate Tax and Fiscal Policy Committee heard SB 327 on Marion County small claims court jurisdiction, venue, and fees authored by Sen. Freeman. The bill does the following:
- Eliminates 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.
- Requires a Marion County small claims matter to be filed in a certain township or a contiguous township.
- 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.
- Requires 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.
- Provides that the fees in the small claims fund are to be distributed equally among the townships and the fees must fund the operation of the small claims court located within the township.
- Repeals provisions concerning low caseload courts.
Sen. Freeman informed the committee that a second reading amendment is needed to address the jurisdiction issue. A lobbyist for the Marion County Small Claims Courts, and a representative from the Greater Indianapolis Multifaith Alliance testified in support of the bill. A private attorney who represents commercial creditors testified against the bill. The bill passed 12-0.
Read the bill at: https://iga.in.gov/legislative/2025/bills/senate/327