Filing Fees

Filing fees for Small Claims cases are as following, subject to change annually on July 1: 

• $87.00 Initial Fee (one defendant)
• $97.00 For in person filing 
  
• $10.00 For each additional defendant 
  
• $28.00 Sheriff Service (one-time fee)
• $28.00 Post-Judgment Sheriff Service (one-time fee) 

As of May 5, 2017, all attorneys must file electronically or “e-file”.  Information regarding how to e-file may be found at http://www.in.gov/judiciary/4267.htm  Unrepresented (pro se) litigants also may e-file, but are not required to do so at this time.  Attorneys who wish to be exempted from the requirement that they e-file may file a petition for electronic filing exemption. The petition must be filed in each pending case. The petition will be reviewed by the judicial officer assigned to that case and granted only upon a showing of good cause.   

Attorneys must call ahead for hearing dates if filing several cases. However, the hearings may be vacated if the cases are not filed within 5 business days. 

• Statements of Claim and Alias Statements of Claim are set 15 days out 
          • Evictions are set 10 days out 
          • Proceedings Supplemental are set out 20 days. 

Unrepresented (Pro se) Litigants Not Filing Electronically

Filing times for unrepresented (pro se) litigants not filing electronically are 7:30 a.m. - 3:30 p.m. to allow plenty of time to correct any errors that may arise, and to allow for processing time. The cashier window closes promptly at 4:00 p.m. daily.

• “Fill in the blank” forms are available in our office. Forms must be signed in our presence unless notarized or filed by an attorney.
• We do not accept filings by fax.
• If you have multiple defendants, provide the appropriate number of copies for each defendant served. 
• If you want a file-marked copy for your own records, provide an additional copy. 
• The deputy will ask your date preference when setting the initial hearing and will check availability. 
  Statements of Claim and Alias Statements of Claim are set out at least 15 days 
          • Evictions are set 10 days out 
          • Proceedings Supplemental are set out at least 20 days. 
• After receiving a judgment, you must wait at least 10 days before filing a Proceeding Supplemental. After filing a Proceeding Supplemental, you must wait at least 6 months before you can file again unless new information becomes available. 
• Location (Venue) for Filing Your Claim Small Claims Rules state that the right place to file a small claims suit is the county:
  • Where the transaction or occurrence actually took place.
  • Where the obligation or debt was incurred.
  • Where the obligation is to be performed
  • Where the Defendant resides.
  • Where the Defendant has his or her place of employment at the time the claim or suit is filed.
• The limit to file for an individual is $10,000.00. For a corporation without an attorney, the limit is $6,000.00. 
• Provide one copy of exhibits to attach to the original Statement of Claim; these are necessary to support the claim and will not be returned. 
• If a corporation is filing and someone other than the President of the company will be speaking on behalf of the company, an affidavit must be on file for that person.

Service of Process

• You must provide an address and telephone number to serve a defendant. We also request a social security number and date of birth when available. 
• You cannot initially serve a defendant at his/her place of employment prior to a judgment awarded against that defendant. If service is not returned, you may then file an Alias Statement of Claim to serve the defendant at his/her place of employment. 
• Depending on the type of service requested, allow time for return service when setting hearing dates. 

Service by Sheriff or Certified Mail

As of May 5, 2017, service of process is the responsibility of the filer.

To serve by Sheriff, hand-deliver or mail one original and three copies to the Sheriff of the county where the party is to be served.  For the Vanderburgh County Sheriff only, there is also a drop off location within the Clerk’s Office. For out-of-state Sheriff Service, you must contact the Sheriff’s Department of the county you will be serving the defendant in to determine their local cost for this service, as well as their full mailing address.

To serve by certified mail, the domestic return receipt (green card) must have the correct cause number listed along with the clerk's return address, so the clerk can enter the proper return of service information into the court system.  For more information regarding how to use certified mail (rates, supplies, instructions, etc.), contact the United States Postal Service. The Clerk’s office will provide the Certified Mail Service for the initial filing. Payment for any additional services will be the responsibility of the person filing.

Receiving Payments made on Judgments 
Money paid in our office towards a judgment is printed as a check the next business day and may be collected in two ways: in person or via mail.

• Attorneys/Firms must have a current W9 on file to receive checks. 
• Payees may sign for and pick up checks daily at the cashier’s window in room S241 in the Administration Building of the Civic Center. 
• If you wish to have payments mailed to you, provide self-addressed, stamped envelopes. Payments are mailed weekly each Friday. 
• If the initial payment satisfies the judgment in full, in one payment, you will be required to file a Release and Satisfaction of Judgment before the money will be released. 
• If writ money is released to be paid to a judgment, the money will be processed as a payment through our office. The check will be available the business day after court reporters add the relevant event to the case and are processed the same as regular garnishment payments.