CHAPTER 7. COLLECTION OF COSTS IN CHANGE OF VENUE CASES
IC 34-35-7
Chapter 7. Collection of Costs in Change of Venue Cases
IC 34-35-7-1
Itemized transcript of cost; certification
Sec. 1. (a) This section applies to an action in which:
(1) a change of venue from the county is taken;
(2) an order of judgment for costs is made and entered upondismissal or otherwise disposed of; and
(3) the costs remain unpaid for thirty (30) days from the date offinality of the order or judgment.
(b) The clerk of the circuit court of the county in which the orderor judgment is made and entered, shall certify an itemized transcriptof all costs accrued in the action to:
(1) the clerk of the court of the county where the action wasfirst filed; or
(2) the clerk of the court of the county of residence of thejudgment debtor, if the residence of the judgment debtor is in acounty other than where the action first originated.
As added by P.L.1-1998, SEC.31.
IC 34-35-7-2
Judgment for cost; recording; lien; receipt
Sec. 2. (a) The clerk of the court to which the transcript is sentshall immediately record the order or judgment upon the judgmentdocket of the circuit court of the county in the same manner as otherjudgments are recorded. The judgment is a lien on properties andland owned by the judgment debtor in the county in the same mannerand to the same extent as if the property were situated in the countywhere the order or judgment was rendered.
(b) The clerk transmitting the transcript shall:
(1) make a notation in the records of the court in which theaction was entered and the order or judgment was recorded,showing:
(A) the name of the county and court to which the transcriptwas transmitted;
(B) the date of transmittal; and
(C) any other necessary notation;
(2) prepare a receipt for the receiving clerk that shows:
(A) the name of judgment debtor;
(B) title and number of cause;
(C) amount of costs;
(D) to whom the costs are due; and
(E) record reference wherein recorded by both the receivingand sending clerk; and
(3) complete, date, sign, and return the receipt to the sendingclerk to be filed with other papers relating to the action.
As added by P.L.1-1998, SEC.31.
IC 34-35-7-3 Duty of receiving court to collect costs
Sec. 3. (a) This section applies after the transcript of costs iscertified to the clerk of the court of:
(1) the county where the action first originated; or
(2) the county of residence of the judgment debtor.
(b) The clerk of the court of the county in which the order orjudgment was rendered may not:
(1) collect costs; or
(2) issue a fee bill, execution, or statement thereafter.
(c) The clerk of the court receiving and recording the transcriptshall accept payment of costs from the judgment debtor or enforcecollection by execution or fee bill as provided by law.
As added by P.L.1-1998, SEC.31.
IC 34-35-7-4
Remission of cost collected to proper counties
Sec. 4. Upon collection of change of venue costs by the clerk ofthe court of:
(1) the county where the action first originated; or
(2) the county of residence of the judgment debtor;
the clerk shall immediately remit to the county or counties entitledto payment all costs as shown by the transcript and retain costs thatare due to the clerk's own county. Clerks of courts receiving paymentof costs under this section shall account for and distribute the costsas provided by law.
As added by P.L.1-1998, SEC.31.
IC 34-35-7-5
Recording fees
Sec. 5. The clerks of the courts issuing and recording thetranscript shall tax as additional costs, to be paid by the judgmentdebtor, the fees taxed in similar matters as provided by IC 33-37.
As added by P.L.1-1998, SEC.31. Amended by P.L.98-2004,SEC.134.