Section 33-35-3-9 - City courts in certain counties; disposition of costs; costs paid in advance(a) This section applies after June 30, 2005.(b) A clerk of a city court in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) shall deposit all court costs collected by the clerk in accordance with IC 33-37-7-12. The fees received by the controller from the clerk shall be paid into the city treasury at the time of the semiannual settlement for city revenue.(c) If the party instituting an action or a proceeding recovers judgment, the judgment must also include as costs an amount equal to the small claims costs fee, the small claims garnishee service fee, and the small claims service fee prescribed under IC 33-37-4-5 (before its repeal) or IC 33-37-4-6.(d) Money paid in advance for costs remaining unexpended at the time a civil action or proceeding is terminated, whether by reason of Small claims costs fee, small claims service fee, and additional fees dismissal or otherwise, must be returned to the party or parties making payment. However, this section does not apply to civil actions or proceedings instituted by or on behalf of the state or any of the state's political subdivisions.Pre-2004 Recodification Citation: 33-10.1-6-10.
Amended by P.L. 11-2023,SEC. 103, eff. 7/1/2023.As added by P.L. 98-2004, SEC.14. Amended by P.L. 174-2006, SEC.10; P.L. 1-2007, SEC.220.