Introduced Version
HOUSE BILL No. 1320
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 33-3-5-12
;
IC 33-4-3-7
; IC 33-5;
IC 33-10.5-7-1
;
IC 33-11.6-4
Synopsis: Small claims jurisdiction. Specifies the small claims
jurisdiction of the tax court or circuit court, superior court, or county
court includes cases in which the amount in controversy is not more
than $15,000.
Effective: July 1, 2001.
Kruse
January 9, 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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
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this style type reconciles conflicts
between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1320
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 33-3-5-12; (01)IN1320.1.1. -->
SECTION 1.
IC 33-3-5-12
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12. (a) The tax court
shall establish a small claims docket for processing:
(1) claims for refunds from the department of state revenue that
do not exceed five fifteen thousand dollars ($5,000) ($15,000) for
any year; and
(2) appeals of final determinations of assessed value made by the
state board of tax commissioners that do not exceed forty-five
thousand dollars ($45,000).
(b) The tax court shall adopt rules and procedures under which
cases on the small claims docket are heard and decided.
SOURCE: IC 33-4-3-7; (01)IN1320.1.2. -->
SECTION 2.
IC 33-4-3-7
, AS AMENDED BY P.L.180-1999,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 7. 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 fifteen
thousand dollars ($3,000). ($15,000). The plaintiff in a statement
of claim or the defendant in a counterclaim may waive the excess
of any claim that exceeds three fifteen thousand dollars ($3,000)
($15,000) 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
fifteen thousand dollars ($3,000). ($15,000).
(3) Emergency possessory actions between a landlord and tenant
under
IC 32-7-9.
SOURCE: IC 33-5-2-4; (01)IN1320.1.3. -->
SECTION 3.
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 fifteen
thousand dollars ($3,000). ($15,000). The plaintiff in a statement
of claim or the defendant in a counterclaim may waive the excess
of any claim that exceeds three fifteen thousand dollars ($3,000)
($15,000) 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
fifteen thousand dollars ($3,000). ($15,000).
(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 fifteen
thousand dollars ($6,000). ($15,000). The plaintiff in a statement
of claim or the defendant in a counterclaim may waive the excess
of any claim that exceeds six fifteen thousand dollars ($6,000)
($15,000) 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 fifteen
thousand dollars ($6,000). ($15,000).
(3) Emergency possessory actions between a landlord and tenant
under
IC 32-7-9.
SOURCE: IC 33-5-19.3-11; (01)IN1320.1.4. -->
SECTION 4.
IC 33-5-19.3-11
, AS AMENDED BY P.L.180-1999,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 11. (a) The court has a standard small claims and
misdemeanor division.
(b) Notwithstanding
IC 33-5-2-4
, 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 fifteen
thousand dollars ($6,000). ($15,000). The plaintiff in a statement
of claim or the defendant in a counterclaim may waive the excess
of any claim that exceeds six fifteen thousand dollars ($6,000)
($15,000) in order to bring the claim 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 fifteen
thousand dollars ($6,000). ($15,000).
(3) Emergency possessory actions between a landlord and tenant
under
IC 32-7-9.
SOURCE: IC 33-10.5-7-1; (01)IN1320.1.5. -->
SECTION 5.
IC 33-10.5-7-1
, AS AMENDED BY P.L.180-1999,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 1. Each judge of the county court shall maintain
the following dockets:
(1) An offenses and violations docket.
(2) A small claims docket for the following:
(A) All cases where the amount sought or value of the property
sought to be recovered is three fifteen thousand dollars
($3,000) ($15,000) or less; the plaintiff in a statement of claim
or the defendant in a counterclaim may waive the excess of his
claim over three fifteen thousand dollars ($3,000) ($15,000)
to bring it within the jurisdiction of the small claims docket.
(B) All possessory actions between landlord and tenant in
which the rent due at the time the action is filed does not
exceed three fifteen thousand dollars ($3,000). ($15,000).
(C) Emergency possessory actions between a landlord and
tenant under
IC 32-7-9.
(3) A plenary docket for all other civil cases.
SOURCE: IC 33-11.6-4-2; (01)IN1320.1.6. -->
SECTION 6.
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 fifteen thousand dollars ($6,000),
($15,000) not including interest or attorney fees.
SOURCE: IC 33-11.6-4-3; (01)IN1320.1.7. -->
SECTION 7.
IC 33-11.6-4-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. The court shall have
original and concurrent jurisdiction with the circuit and superior courts
in possessory actions between landlord and tenant in which the past
due rent at the time of filing does not exceed
six fifteen thousand
dollars
($6,000). ($15,000). The court shall also have original and
concurrent jurisdiction with the circuit and superior courts in actions
for the possession of property where the value of the property sought
to be recovered does not exceed
six fifteen thousand dollars
($6,000).
($15,000). These jurisdictional limitations shall not be affected by
interest and attorney fees.