CHAPTER 4. COLLECTION OF COURT COST FEES
IC 33-37-4
Chapter 4. Collection of Court Cost Fees
IC 33-37-4-1
Criminal costs fees; additional fees
Sec. 1. (a) For each action that results in a felony conviction underIC 35-50-2 or a misdemeanor conviction under IC 35-50-3, the clerkshall collect from the defendant a criminal costs fee of one hundredtwenty dollars ($120).
(b) In addition to the criminal costs fee collected under thissection, the clerk shall collect from the defendant the following feesif they are required under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, orIC 33-37-5-4).
(2) A marijuana eradication program fee (IC 33-37-5-7).
(3) An alcohol and drug services program user fee (IC33-37-5-8(b)).
(4) A law enforcement continuing education program fee (IC33-37-5-8(c)).
(5) A drug abuse, prosecution, interdiction, and correction fee(IC 33-37-5-9).
(6) An alcohol and drug countermeasures fee (IC 33-37-5-10).
(7) A child abuse prevention fee (IC 33-37-5-12).
(8) A domestic violence prevention and treatment fee (IC33-37-5-13).
(9) A highway work zone fee (IC 33-37-5-14).
(10) A deferred prosecution fee (IC 33-37-5-17).
(11) A document storage fee (IC 33-37-5-20).
(12) An automated record keeping fee (IC 33-37-5-21).
(13) A late payment fee (IC 33-37-5-22).
(14) A sexual assault victims assistance fee (IC 33-37-5-23).
(15) A public defense administration fee (IC 33-37-5-21.2).
(16) A judicial insurance adjustment fee (IC 33-37-5-25).
(17) A judicial salaries fee (IC 33-37-5-26).
(18) A court administration fee (IC 33-37-5-27).
(19) A DNA sample processing fee (IC 33-37-5-26.2).
(c) Instead of the criminal costs fee prescribed by this section,except for the automated record keeping fee (IC 33-37-5-21), theclerk shall collect a pretrial diversion program fee if an agreementbetween the prosecuting attorney and the accused person entered intounder IC 33-39-1-8 requires payment of those fees by the accusedperson. The pretrial diversion program fee is:
(1) an initial user's fee of fifty dollars ($50); and
(2) a monthly user's fee of ten dollars ($10) for each month thatthe person remains in the pretrial diversion program.
(d) The clerk shall transfer to the county auditor or city or townfiscal officer the following fees, not later than thirty (30) days afterthe fees are collected:
(1) The pretrial diversion fee.
(2) The marijuana eradication program fee. (3) The alcohol and drug services program user fee.
(4) The law enforcement continuing education program fee.
The auditor or fiscal officer shall deposit fees transferred under thissubsection in the appropriate user fee fund established underIC 33-37-8.
(e) Unless otherwise directed by a court, if a clerk collects onlypart of a criminal costs fee from a defendant under this section, theclerk shall distribute the partial payment of the criminal costs fee asfollows:
(1) The clerk shall apply the partial payment to general courtcosts.
(2) If there is money remaining after the partial payment isapplied to general court costs under subdivision (1), the clerkshall distribute the remainder of the partial payment for depositin the appropriate county user fee fund.
(3) If there is money remaining after distribution undersubdivision (2), the clerk shall distribute the remainder of thepartial payment for deposit in the state user fee fund.
(4) If there is money remaining after distribution undersubdivision (3), the clerk shall distribute the remainder of thepartial payment to any other applicable user fee fund.
(5) If there is money remaining after distribution undersubdivision (4), the clerk shall apply the remainder of the partialpayment to any outstanding fines owed by the defendant.
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004,SEC.16; P.L.95-2004, SEC.4; P.L.2-2005, SEC.100; P.L.176-2005,SEC.4; P.L.182-2009(ss), SEC.392.
IC 33-37-4-2
Infraction or ordinance violation costs fee; additional fees
Sec. 2. (a) Except as provided in subsections (d) and (e), for eachaction that results in a judgment:
(1) for a violation constituting an infraction; or
(2) for a violation of an ordinance of a municipal corporation(as defined in IC 36-1-2-10);
the clerk shall collect from the defendant an infraction or ordinanceviolation costs fee of seventy dollars ($70).
(b) In addition to the infraction or ordinance violation costs feecollected under this section, the clerk shall collect from the defendantthe following fees, if they are required under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, orIC 33-37-5-4).
(2) An alcohol and drug services program user fee (IC33-37-5-8(b)).
(3) A law enforcement continuing education program fee (IC33-37-5-8(c)).
(4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
(5) A highway work zone fee (IC 33-37-5-14).
(6) A deferred prosecution fee (IC 33-37-5-17).
(7) A jury fee (IC 33-37-5-19). (8) A document storage fee (IC 33-37-5-20).
(9) An automated record keeping fee (IC 33-37-5-21).
(10) A late payment fee (IC 33-37-5-22).
(11) A public defense administration fee (IC 33-37-5-21.2).
(12) A judicial insurance adjustment fee (IC 33-37-5-25).
(13) A judicial salaries fee (IC 33-37-5-26).
(14) A court administration fee (IC 33-37-5-27).
(15) A DNA sample processing fee (IC 33-37-5-26.2).
(c) The clerk shall transfer to the county auditor or fiscal officerof the municipal corporation the following fees, not later than thirty(30) days after the fees are collected:
(1) The alcohol and drug services program user fee (IC33-37-5-8(b)).
(2) The law enforcement continuing education program fee (IC33-37-5-8(c)).
(3) The deferral program fee (subsection (e)).
The auditor or fiscal officer shall deposit the fees in the user fee fundestablished under IC 33-37-8.
(d) The defendant is not liable for any ordinance violation costsfee in an action if all the following apply:
(1) The defendant was charged with an ordinance violationsubject to IC 33-36.
(2) The defendant denied the violation under IC 33-36-3.
(3) Proceedings in court against the defendant were initiatedunder IC 34-28-5 (or IC 34-4-32 before its repeal).
(4) The defendant was tried and the court entered judgment forthe defendant for the violation.
(e) Instead of the infraction or ordinance violation costs feeprescribed by subsection (a), except for the automated recordkeeping fee (IC 33-37-5-21), the clerk shall collect a deferralprogram fee if an agreement between a prosecuting attorney or anattorney for a municipal corporation and the person charged with aviolation entered into under IC 34-28-5-1 (or IC 34-4-32-1 before itsrepeal) requires payment of those fees by the person charged with theviolation. The deferral program fee is:
(1) an initial user's fee not to exceed fifty-two dollars ($52); and
(2) a monthly user's fee not to exceed ten dollars ($10) for eachmonth the person remains in the deferral program.
(f) The fees prescribed by this section are costs for purposes ofIC 34-28-5-5 and may be collected from a defendant against whomjudgment is entered. Any penalty assessed is in addition to costs.
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004,SEC.17; P.L.95-2004, SEC.5; P.L.2-2005, SEC.101; P.L.176-2005,SEC.5; P.L.182-2009(ss), SEC.393.
IC 33-37-4-3
Juvenile costs fee; additional fees
Sec. 3. (a) The clerk shall collect a juvenile costs fee of onehundred twenty dollars ($120) for each action filed under any of thefollowing: (1) IC 31-34 (children in need of services).
(2) IC 31-37 (delinquent children).
(3) IC 31-14 (paternity).
(b) In addition to the juvenile costs fee collected under thissection, the clerk shall collect the following fees, if they are requiredunder IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, orIC 33-37-5-4).
(2) A marijuana eradication program fee (IC 33-37-5-7).
(3) An alcohol and drug services program user fee (IC33-37-5-8(b)).
(4) A law enforcement continuing education program fee (IC33-37-5-8(c)).
(5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
(6) A document storage fee (IC 33-37-5-20).
(7) An automated record keeping fee (IC 33-37-5-21).
(8) A late payment fee (IC 33-37-5-22).
(9) A public defense administration fee (IC 33-37-5-21.2).
(10) A judicial insurance adjustment fee (IC 33-37-5-25).
(11) A judicial salaries fee (IC 33-37-5-26).
(12) A court administration fee (IC 33-37-5-27).
(13) A DNA sample processing fee (IC 33-37-5-26.2).
(c) The clerk shall transfer to the county auditor or city or townfiscal officer the following fees not later than thirty (30) days afterthey are collected:
(1) The marijuana eradication program fee (IC 33-37-5-7).
(2) The alcohol and drug services program user fee (IC33-37-5-8(b)).
(3) The law enforcement continuing education program fee (IC33-37-5-8(c)).
The auditor or fiscal officer shall deposit the fees in the appropriateuser fee fund established under IC 33-37-8.
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004,SEC.18; P.L.95-2004, SEC.6; P.L.2-2005, SEC.102; P.L.176-2005,SEC.6.
IC 33-37-4-4
Civil costs fee; additional fees
Sec. 4. (a) The clerk shall collect a civil costs fee of one hundreddollars ($100) from a party filing a civil action. This subsection doesnot apply to the following civil actions:
(1) Proceedings to enforce a statute defining an infraction underIC 34-28-5 (or IC 34-4-32 before its repeal).
(2) Proceedings to enforce an ordinance under IC 34-28-5 (orIC 34-4-32 before its repeal).
(3) Proceedings in juvenile court under IC 31-34 or IC 31-37.
(4) Proceedings in paternity under IC 31-14.
(5) Proceedings in small claims court under IC 33-34.
(6) Proceedings in actions described in section 7 of this chapter.
(b) In addition to the civil costs fee collected under this section,
the clerk shall collect the following fees, if they are required underIC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, orIC 33-37-5-4).
(2) A support and maintenance fee (IC 33-37-5-6).
(3) A document storage fee (IC 33-37-5-20).
(4) An automated record keeping fee (IC 33-37-5-21).
(5) A public defense administration fee (IC 33-37-5-21.2).
(6) A judicial insurance adjustment fee (IC 33-37-5-25).
(7) A judicial salaries fee (IC 33-37-5-26).
(8) A court administration fee (IC 33-37-5-27).
(9) A service fee (IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2)).
(10) A garnishee service fee (IC 33-37-5-28(b)(3) orIC 33-37-5-28(b)(4)).
(11) For a mortgage foreclosure action filed after June 30, 2009,and before January 1, 2013, a mortgage foreclosure counselingand education fee (IC 33-37-5-30 (before its expiration onJanuary 1, 2013)).
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004,SEC.19; P.L.95-2004, SEC.7; P.L.2-2005, SEC.103; P.L.176-2005,SEC.7; P.L.174-2006, SEC.15; P.L.105-2009, SEC.22.
IC 33-37-4-5
Repealed
(Repealed by P.L.1-2007, SEC.248.)
IC 33-37-4-6
Small claims costs fee, small claims service fee, and additional fees
Sec. 6. (a) For each small claims action, the clerk shall collect thefollowing fees:
(1) From the party filing the action:
(A) a small claims costs fee of thirty-five dollars ($35);
(B) a small claims service fee of ten dollars ($10) for eachnamed defendant that is not a garnishee defendant; and
(C) if the party has named more than three (3) garnishees orgarnishee defendants, a small claims garnishee service fee often dollars ($10) for each garnishee or garnishee defendantin excess of three (3).
(2) From any party adding a defendant that is not a garnisheedefendant, a small claims service fee of ten dollars ($10) foreach defendant that is not a garnishee defendant added in theaction.
(3) From any party adding a garnishee or garnishee defendant,a small claims garnishee service fee of ten dollars ($10) foreach garnishee or garnishee defendant added to the action.However, a clerk may not collect a small claims garnisheeservice fee for the first three (3) garnishees named in the action.
However, a clerk may not collect a small claims costs fee, smallclaims service fee, or small claims garnishee service fee for a smallclaims action filed by or on behalf of the attorney general. (b) In addition to a small claims costs fee, small claims servicefee, and small claims garnishee service fee collected under thissection, the clerk shall collect the following fees, if they are requiredunder IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, orIC 33-37-5-4).
(2) A document storage fee (IC 33-37-5-20).
(3) An automated record keeping fee (IC 33-37-5-21).
(4) A public defense administration fee (IC 33-37-5-21.2).
(5) A judicial insurance adjustment fee (IC 33-37-5-25).
(6) A judicial salaries fee (IC 33-37-5-26).
(7) A court administration fee (IC 33-37-5-27).
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004,SEC.21; P.L.95-2004, SEC.9; P.L.2-2005, SEC.105; P.L.176-2005,SEC.8; P.L.174-2006, SEC.11.
IC 33-37-4-7
Probate costs fee; additional fees
Sec. 7. (a) Except as provided under subsection (c), the clerk shallcollect from the party filing the action a probate costs fee of onehundred twenty dollars ($120) for each action filed under any of thefollowing:
(1) IC 6-4.1-5 (determination of inheritance tax).
(2) IC 29 (probate).
(3) IC 30 (trusts and fiduciaries).
(b) In addition to the probate costs fee collected under subsection(a), the clerk shall collect from the party filing the action thefollowing fees, if they are required under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, orIC 33-37-5-4).
(2) A document storage fee (IC 33-37-5-20).
(3) An automated record keeping fee (IC 33-37-5-21).
(4) A public defense administration fee (IC 33-37-5-21.2).
(5) A judicial insurance adjustment fee (IC 33-37-5-25).
(6) A judicial salaries fee (IC 33-37-5-26).
(7) A court administration fee (IC 33-37-5-27).
(c) A clerk may not collect a court costs fee for the filing of thefollowing exempted actions:
(1) Petition to open a safety deposit box.
(2) Filing an inheritance tax return, unless proceedings otherthan the court's approval of the return become necessary.
(3) Offering a will for probate under IC 29-1-7, unlessproceedings other than admitting the will to probate becomenecessary.
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004,SEC.22; P.L.95-2004, SEC.10; P.L.2-2005, SEC.106; P.L.176-2005,SEC.9.
IC 33-37-4-8
Actions listed in IC 33-37-4-4, IC 33-37-4-6, and IC 33-37-4-7;
change of venue
Sec. 8. (a) This section applies in all actions listed in sections 4,6, and 7 of this chapter.
(b) In an action in which there has been or will be a change ofvenue or transfer from one (1) county to another, the clerk of thecourt from which the action is transferred shall collect from the partyseeking change of venue a fee equal to that required by sections 4, 6,and 7 of this chapter. The clerk of the transferring court shall forwardthe fee collected under this section to the clerk of the court to whichthe action is transferred.
As added by P.L.98-2004, SEC.16. Amended by P.L.1-2007,SEC.221.
IC 33-37-4-9
Proration of court costs not required on receipt
Sec. 9. The clerk is not required to show on each receipt for courtcosts collected the proration of court costs:
(1) remitted to the auditor of state, the county auditor, and themunicipality as specified in IC 33-37-7; or
(2) collected for any funds specified in IC 33-37-5.
As added by P.L.98-2004, SEC.16.
IC 33-37-4-10
Fee bills; issuance; collection; lien
Sec. 10. (a) Not later than seventy-five (75) days after judgmentis entered in an action, the clerk shall issue an itemized fee bill forthe collection of fees that were charged against the party in thataction and that remain unpaid. The clerk shall present the fee bill forcollection to the sheriff of a county in which the debtor party residesor in which the debtor party has property.
(b) The sheriff shall do the following:
(1) Collect the amount due under the fee bill.
(2) Return the fee bill to the clerk not more than sixty (60) daysafter the day the fee bill was issued.
(c) After presented to the sheriff, a fee bill has the effect of anexecution and operates as a lien upon the real and personal propertyof the debtor.
(d) A successor of an officer may issue fee bills for the fees of theofficer's predecessors in office in the manner provided under thischapter. A clerk may issue the fee bills of the sheriff or the formersheriffs of the county in the same manner.
As added by P.L.98-2004, SEC.16.