Introduced Version






HOUSE BILL No. 1023

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 33-5-2-4 ; IC 33-11.6-4-2.

Synopsis: Small claims jurisdictional limitation. Increases the jurisdictional amount of Marion County small claims courts from $6,000 to $10,000. Increases the jurisdictional amount of other small claims courts in Indiana from $3,000 to $10,000.

Effective: July 1, 2001.





Ulmer




    January 8, 2001, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1023



    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 33-5-2-4; (01)IN1023.1.1. -->     SECTION 1. IC 33-5-2-4 , AS AMENDED BY P.L.180-1999, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) Except as provided in subsection (b), The small claims docket has jurisdiction over the following:
        (1) Civil actions in which the amount sought or value of the property sought to be recovered is not more than three thousand dollars ($3,000). ten thousand dollars ($10,000). The plaintiff in a statement of claim or the defendant in a counterclaim may waive the excess of any claim that exceeds three thousand dollars ($3,000) ten thousand dollars ($10,000) in order to bring it within the jurisdiction of the small claims docket.
        (2) Possessory actions between landlord and tenant in which the rent due at the time the action is filed does not exceed three thousand dollars ($3,000). ten thousand dollars ($10,000).
        (3) Emergency possessory actions between a landlord and tenant under IC 32-7-9.
    (b) This subsection applies to a county having a population of more

than three hundred thousand (300,000) but less than four hundred thousand (400,000). The small claims docket has jurisdiction over the following:
        (1) Civil actions in which the amount sought or value of the property sought to be recovered is not more than six thousand dollars ($6,000). The plaintiff in a statement of claim or the defendant in a counterclaim may waive the excess of any claim that exceeds six thousand dollars ($6,000) in order to bring it within the jurisdiction of the small claims docket.
        (2) Possessory actions between landlord and tenant in which the rent due at the time the action is filed does not exceed six thousand dollars ($6,000).
        (3) Emergency possessory actions between a landlord and tenant under IC 32-7-9.

SOURCE: IC 33-11.6-4-2; (01)IN1023.1.2. -->     SECTION 2. IC 33-11.6-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. The court shall have original and concurrent jurisdiction with the circuit and superior courts in all civil cases founded on contract or tort in which the debt or damage claimed does not exceed six thousand dollars ($6,000), ten thousand dollars ($10,000), not including interest or attorney attorney's fees.